Gujarat High Court
Rajendra Jayantilal Thakkar vs State Of Gujarat on 23 April, 2014
Author: S.G.Shah
Bench: S.G.Shah
R/CR.MA/3369/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
3369 of 2014
================================================================
RAJENDRA JAYANTILAL THAKKAR....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR UMESH A TRIVEDI, ADVOCATE for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 23/04/2014
ORAL ORDER
1. Heard learned advocate Mr.Umesh Trivedi for the applicant and Ms.Jirga Jhaveri, learned APP for the respondent - State.
2. Learned advocate for the applicant has submitted that applicant is ready and prepared to give bank guarantee of the amount involved in the case being approximately Rs.13 Lacs towards security to remain present before the Court in lieu of return of his passport, since because of non-availability of passport he has to suffer huge loss in his business of export and import. Applicant has also submitted that other co-accused have preferred a petition before this High Court to quash the FIR wherein this High Court has stayed further investigation. Such order is in Criminal Misc.Application Nos.2787/2012, 2788/2012, 2790/2012, 2792/2012, 2793/2012 and 2795/2012 on 2.3.2012, which is confirmed by order dated 11.4.2012.
Page 1 of 3R/CR.MA/3369/2014 ORDER
3. Whereas learned APP has submitted that in past petitioner has not abide by the condition imposed by the Court while releasing his passport for which an amount of Rs.1,50,000/- was ordered to be forfeited, which was directed to be deposited for availing passport for couple of weeks. For the purpose, petitioner has prayed to quash and set-aside such order dated 19.2.2014 in Criminal Misc.Application No.43 of 2014. Since two separate orders are challenged in one revision application, learned advocate for the applicant confirms that at present he would like to press this revision application against order dated 28.2.2012 and does not press other prayers for which he may file appropriate proceedings as and when and if so required.
4. After hearing both the sides and on perusal of record, I am of the opinion that it would be appropriate in the interest of justice to refuse such prayer to quash and set-aside the order dated 19.2.2014, but at the same time, it would be appropriate to modify the condition No.5 of order dated 28.2.2012 in Misc.Criminal Application No.28 of 2012 by which petitioner was restrained from leaving India and to surrender his passport before the Investigating Officer or concerned Magistrate Court, when petitioner agrees to furnish bank guarantee for the entire deposited amount in dispute. The offence registered against the petitioner is under Sections 406, 420, 467, 468, 471 and 114 of the IPC. Therefore, bank guarantee of the entire disputed amount would be sufficient security for confirming the presence of the petitioner at the time of trial. It cannot be ignored that further investigation is stayed and quashing petition has already been admitted.
Page 2 of 3 R/CR.MA/3369/2014 ORDER
5. Therefore, condition No.5 of order dated 28.2.2014 in
Misc.Criminal Application No.28 of 2012 is hereby modified in the following terms.
6. The petitioner shall furnish bank guarantee of Rs.15 Lacs before the trial Court within four weeks. As and when such bank guarantee is furnished, the passport of the petitioner shall be returned back to him on his filing an undertaking that he will submit the original passport with its certified photocopy to the investigating officer with his personal presence before the investigating officer once in a English calender month.
7. Thereby, petition is partly allowed to aforesaid extent. The petitioner has to furnish bank guarantee of Rs.15 Lacs and shall mark his presence with original passport and furnish certified copy of passport to the investigating officer once in every English calender month till further orders. Rule is made absolute to the aforesaid extent. Direct service permitted.
(S.G.SHAH, J.) binoy Page 3 of 3