Madanlal Manekchandra Jain vs State Of Gujarat & on 12 February, 2015

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Gujarat High Court

Madanlal Manekchandra Jain vs State Of Gujarat & on 12 February, 2015

Bench: J.B.Pardiwala

        R/CR.MA/3069/2015                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 3069 of
                                     2015

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            MADANLAL MANEKCHANDRA JAIN....Applicant(s)
                            Versus
              STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
MR MOUSAM R YAGNIK, ADVOCATE for the Applicant(s) No. 1
MR NIRAD D BUCH, ADVOCATE for the Applicant(s) No. 1
MR SHAKEEL A QURESHI, ADVOCATE for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
================================================================

        CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                             Date : 12/02/2015


                              ORAL ORDER

RULE. The learned APP waives service of notice of rule for and on behalf of the respondent-State. Mr.Shakeel Qureshi, 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.

This is an application at the instance of an accused of the PMLA Case No.3 of 2014 pending in the Court of the learned Designated Judge, Special Court at Ahmedabad, constituted under the provisions of the Prevention of the Money Laundering Act, 2002, arising from the File No.ECIR/01/SRT/2014, praying for temporary bail on the ground of his wife's sickness.

Page 1 of 4

R/CR.MA/3069/2015 ORDER It appears from the materials on record that the applicant herein is the original accused no.2 in the complaint filed by the Deputy Director, Directorate of Enforcement, Ahmedabad Zonal Office, Ahmedabad. The complaint has been filed of the offence under Section 3 and punishable under Section 4 of the Money Laundering Act, 2002, read with Section 120B of the Indian Penal Code.

It appears from the materials on record that the wife of the accused viz. Smt.Manjuben Madan Jain, is ailing and needs to undergo hysteroscopy/laparoscopy at the Breach Candy Hospital, Mumbai. The operation will be a planned one scheduled to be performed on 16 th February 2015 as certified by Dr.Rustom Soonawala of the Soonawala Clinic, Mumbai, vide certificate dated 6th February 2015, which is at Annexure- B page 55.

The prayer for temporary bail has been opposed by Mr.Qureshi, the learned counsel appearing for the Department. 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.

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, whether the applicant-accused should be ordered to be released on temporary bail as prayed for in this application.

Mr.Buch, the learned advocate appearing on behalf of the Page 2 of 4 R/CR.MA/3069/2015 ORDER applicant submitted that his client is ready and willing to abide by any condition which this Court may deem fit to impose. Mr.Buch submits that his client would deposit his own passport as well as that of his wife's passport with the trial Court. Mr.Buch further submits that his client would also mark his presence at the concerned police station at Mumbai.

On the other hand, Mr.Qureshi submits that considering the nature of the offence, if at all the Court is inclined to exercise discretion in favour of the applicant-accused, then his release on temporary bail should be ordered with police escort at his own cost.

Having regard to the materials on record, I do not find any good ground to doubt that the wife of the applicant- accused is ailing. However, with a view to protect the interest of the Department, I would like to accept the submission of Mr.Qureshi that the release on the temporary bail shall be with the police escort at the cost of the applicant.

In the result, this application is allowed. The applicant- accused is ordered to be released on temporary bail for a period of two weeks from the date of his actual release on his executing a bail bond of Rs.1,00,000=00 (Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of the trial 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.

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R/CR.MA/3069/2015 ORDER It is clarified that there should not be any unnecessary delay in release of the applicant-accused on temporary bail on account of the arrangement of the police escort, more particularly, considering the fact that the surgery is to be performed on 16th February 2015 at the Breach Candy Hospital.

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 trial Court before the actual release on temporary bail.

Since the applicant-accused is ordered to be released with police escort, I do not see any good reason to ask him to remain present at the particular police station in Mumbai.

The applicant-accused shall be brought back to the jail 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.) MOIN Page 4 of 4

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