Gujarat High Court
Madanlal Manekchandra Jain vs State Of Gujarat on 16 October, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/5926/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5926 of 2015
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MADANLAL MANEKCHANDRA JAIN....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MS MEDHA N PANDYA, ADVOCATE for the Applicant(s) No. 1
MS HB PUNANI, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 16/10/2015
ORAL ORDER
1. Rule returnable forthwith. Ms. Punani, the learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondentState.
2. By this application under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs: "7(A) issue appropriate writ, order or direction for quashing and setting aside the order dated 20.07.2015 passed below Exh.8 in CR.M.A. No.1423 of 2015, by the Learned 11th Additional Sessions Judge, Surat and communication dated 21.07.2015 made to the jail authorities forfeiting the amount.
(B) Pending admission and final hearing and disposal of the is petition, stay the further proceedings of order dated 20.07.2015 passed below Exh.8 in Cr.M.A. No.1423 of 2015, by the Learned 11 th Additional Sessions Judge, Surat and communication dated 21.07.2015 made to the jail authorities forfeiting the amount.
(C) Pass any other and further orders as may be deemed fit and proper."
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3. It appears from the materials on record that the petitioner herein is an accused in the two PMLA cases. He prayed for temporary bail for a period of 30 days on the ground of sickness of his wife. In one of the cases, he was released on temporary bail vide order dated 27th May, 2015. The operative part of the order reads thus: : ORDER : "This application is hereby partly allowed.
The applicant Madanlal Manekchand Jain is ordered to be released on temporary bail for a period of 1 month form the date of his actual release on his executing a bail bond of Rs.1,00,000/ (Rupees One Lac Only) with one solvent surity of the like amount to the satisfaction of the Court on usual terms and conditions.
The applicant/accused shall be released on temporary bail alongwith the Police Escort as provided in the Gujarat Jail Manual or any other rules or regulations in that regard at the cost of the applicant/accused.
It is clarified that there should not be any further delay in release of the applicant/accused on temporary bail on account of the arrangement of the Police Escort. The authority concerned, shall see to it that the Police Escort is arranged at the earliest and the applicant/accused is released on temporary bail.
The applicant/accused shall also surrender his own passport as well as that of his wife's passport with the Court before the actual release on temporary bail.
The applicant/accused shall surrender himself to the jail authorities on or before the expiry of the temporary bail period."
4. In the another case, he was ordered to be released by the learned 11th (Adhoc) Additional District & Sessions Judge, Surat, vide order dated 2nd June, 2015. The operative part of the order reads thus: : ORDER : "Application is hereby allowed.
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Applicant MADANLAL MANEKCHAND JAIN is ordered to be released on temporary bail for a period of One (1) month since the date of this order with police escort of One Head Constable, on the conditions that: (1) The applicant shall deposit Rs.1,00,000/ (Rupees one Lakh only) towards security.
(2) The applicant shall not act in the manner injuries to the prosecution case.
(3) The applicant shall be released on temporary bail along with Police Escort as provided in the Gujarat Jail Manual or any other rules and regulations in that regard at the cost of the applicant.
(4) Expenses for police escort shall borne by the applicant.
(5) On completion of period of temporary bail, applicant/accused shall surrender himself to the jail authority.
(6) If the surgery as stated by the applicant in the application is not conducted within Ten (10) days since the date of this order, the applicant shall surrender before the jail authority. However, the applicant is at liberty to bring fresh application for temporary bail when date for surgery is fixed."
5. After surrendering on completion of the temporary bail period, the applicant prayed that the amount of Rs.1,00,000/ deposited by him in cash towards the security be refunded. The learned 11th (Adhoc) Additional District & Sessions Judge, Surat, vide order dated 20th July, 2015 rejected the application observing as under: 3.1 Perused written submission of the applicant forwarded through the Superintendent, Central Jail, Lajpore, Surat produced on record vide Exh.11, wherein it is stated that, he did not receive the copy of the order as he is residing at Mumbai. He has also referred the order of Sessions Judge and Designated Special Judge, Ahmedabad (Rural) passed in Cri. Misc. Application No.857/2015 dated 27052015, wherein he was required to surrender before the jail authority on 09 072015. Accordingly, he has not committed breach of order of this court.
3.2 This explanation is not acceptable as the applicant was
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represented by Sr. Advocate who was supposed to intimate the date on which the applicant was required to surrender before the jail authority. His ignorance stated in the application is not acceptable and believable.
4. Mr. K.P. Reshamwala - the learned Advocate for the applicant submitted that, due to misunderstanding on the part of applicant, it has occurred. The applicant and the jail authority was under
impression that, 30 days period would start on the date of released from the prison. The applicant was released on 09062015 from the jail. Therefore, the applicant was under impression that, he was to surrender after 30 days i.e. on 09072015. Even police escort (jaapto) was provided upto 09072015.
5. Learned Addl. P.P. for the State submitted that, the applicant has committed breach of the order and the reason shown is not satisfactory as he was represented by Sr. Advocate. Therefore, he submitted to pass appropriate order.
6. Having heard both the parties, perused the order of this court dated 02062015 wherein it is categorically stated that the applicant is ordered to be released on temporary bail for a period of One (1) month since the date of this order with certain conditions, wherein he was directed to deposit Rs.1 lakh towards security as well as by Condition No.5 he was directed to surrender before the jail authority on completion of period of temporary bail. Admittedly, the applicant did not surrender before the jail Authority up to July 02, 2015. The applicant/accused surrendered before the jail authority on 09072015 and thereby, has committed breach of the order of this Court. The reason shown by the learned Advocate for the applicant that, it is misunderstanding on the part of applicant/accused, is not acceptable. The applicant is represented by an advocate and he is supposed to know the exact date to surrender before the jail authority as per order.
7. In view of above facts, the amount of security deposited by the applicant, is required to be forfeited. Hence, following order is passed.
ORDER An amount of Rs.1,00,000/ (Rupees One Lakh Only) deposited by the applicant/accused towards Security as per the condition laid down while passing order in Cri. Misc. Application No.1423/2015 is hereby order to be forfeited and deposited with the Government by due process of law.
Yadi to Nazir, District Court, Surat accordingly.
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A copy of this order be sent to the applicant, through jail autority, Lajpore Central Jail, Surat."
6. It appears that the misunderstanding or rather the confusion was whether 30 days was to be counted from the date the Court passes the order releasing the applicant or from the date of the actual release. Indisputably, although the order of temporary bail was passed on 02.06.2015 yet he was actually released on 07.06.2015. It also appears that he was ordered to be released with Police Escort. The police also understood the order that 30 days is to be counted from the date of actual release. The police yadi was also prepared accordingly and that is the reason why the petitioner surrendered on 09.07.2015.
7. Having regard to the peculiar facts of the case, I am of the view that the petitioner is entitled to the refund of Rs.1,00,000/ (Rupees One Lakh Only) deposited by him in cash by way of security. The impugned order dated 20th July, 2015 passed below Exh.8 by the learned 11th (Adhoc) Additional District & Sessions Judge, Surat, in Criminal Misc. Application No.1423 of 2015, is hereby ordered to be quashed. The Nazir, District Court, Surat shall refund the amount of Rs.1,00,000/ (Rupees One Lakh Only) to the petitioner herein within a period of one week from the date of the receipt of the writ of the order. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 5 of 5 HC-NIC Page 5 of 5 Created On Thu Oct 22 00:49:42 IST 2015