Gujarat High Court
Rakesh Manekchand Kothari vs State Of Gujarat & on 5 February, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/1953/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 1953 of
2015
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RAKESH MANEKCHAND KOTHARI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR MARSHALL, SENIOR ADVOCATE WITH MR CHETAN K PANDYA,
ADVOCATE for the Applicant(s) No. 1
MR KT DAVE, LD. STANDING COUNSEL for the Respondent(s) No. 2
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 05/02/2015
ORAL ORDER
1. Rule. The learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondentState. Mr. K.T. Dave, the learned standing counsel for the Union waives service of notice of rule for and on behalf of the respondent No.2 Union of India.
2. This is an application at the instance of an accused of the PMLA Case No.04 of 2014 pending in the Court of the learned Designated Judge, Special Court constituted under the provisions of Prevention of the Money Laundering Act, 2002 at Ahmedabad arising from the File No.ECIR/01/SRT/2014 praying for temporary bail on the ground of his wife's sickness.
3. It appears from the materials on record that the applicant herein is the original accused no.1 in the complaint filed by the Deputy Page 1 of 4 R/CR.MA/1953/2015 ORDER Director, Directorate of Enforcement, Ahmedabad Zonal Office, Ahmedabad. The complaint has been filed of the offence under Section3 and punishable under Section4 of the Money Laundering Act, 2002 read with Section120B of the Indian Penal Code.
4. It appears from the materials on record that the wife of the accused viz.Nikki Kothari, aged 40 years, is ailing and needs to undergo surgery for removal of Uterine Fibroids. It also appears that she needs to undergo hysterectomy at the earliest as certified by Dr. Hiren S. Shah, who is attached to the Cumbala Hill Hospital, Mumbai. All the relevant medical papers in this regard are on record.
5. The prayer for temporary bail has been opposed by Mr. K.T. Dave, the learned counsel appearing for the Department. An affidavit has been filed by one Shri Harishchand Jain, working as Deputy Director, Directorate of Enforcement, presently posted at Ahmedabad. In the affidavit filed by the authority, an apprehension has been expressed that if the applicant is ordered to be released on temporary bail, he may jump the bail and thereby, put the trial in peril. It appears from the averments made in the affidavitinreply that the very ground, on which the temporary bail is prayed for, is being disputed.
6. The affidavit filed today on behalf of the Department is ordered to be taken on record.
7. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for my consideration is that, whether the applicantaccused should be ordered to be released on temporary bail as prayed for in this application.
Page 2 of 4R/CR.MA/1953/2015 ORDER
8. Mr. Marshall, the learned senior advocate appearing on behalf of the applicant submitted that his client is ready and willing to abide by any condition, which this Court may deem fit to impose. Mr. Marshall submits that his client would deposit his own passport as well as that of his wife's passport with the trial Court. Mr. Marshall further submits that his client would also mark his presence at the concerned police station at Mumbai.
9. On the other hand, Mr. Dave submits that considering the nature of the offence, if at all, the Court is inclined to exercise discretion in favour of the applicantaccused, then, his release on temporary bail should be ordered with Police Escort at his own cost.
10. Having regard to the materials on record, I do not find any good ground to doubt that the wife of the applicantaccused is ailing. It would be too much to say that the certificates on record are bogus or not correct. However, with a view to protect the interest of the Department, I would like to accept the submission of Mr. Dave that the release on the temporary bail shall be with the Police Escort at the cost of the applicant.
11. In the result, this application is allowed. The applicant accused is ordered to be released on temporary bail for a period of four weeks from the date of his actual release on his executing a bail bond of Rs.1,00,000/ (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the trial Court on usual terms and conditions.
The applicantaccused 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.
Page 3 of 4R/CR.MA/1953/2015 ORDER It is clarified that there should not be any further delay in release of the applicantaccused 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 applicantaccused shall also surrender his own passport as well as that of his wife's passport with the trial Court before the actual release on temporary bail.
The applicantaccused shall surrender himself to the jail authorities on or before the expiry of the temporary bail period. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 4 of 4