Gujarat High Court
Shrenik Kirtibhai Sheth vs State Of Gujarat on 15 July, 2019
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.MA/21851/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21851 of 2018
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SHRENIK KIRTIBHAI SHETH
Versus
STATE OF GUJARAT
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Appearance:
MR JR DAVE(254) for the Applicant(s) No. 1
MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1
MR K L PANDYA, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 15/07/2019
ORAL ORDER
1. Heard Mr. Vishal J. Dave, learned advocate for the applicant, Mr. K.L.Pandya, learned APP for the respondent No.1-State and Mr. Tarak Damani, learned advocate for respondent No.2, original complainant.
2. Following order was passed on 12.06.2019.
"On 01.04.2019, the following order was passed. "The applicant, in pursuance of affidavit dated 07.01.2019, has already handed over Rs.50 Lacs to the victim. As regards the payment of remaining amount of Rs.3,25,95,128/- along with interest as contemplated in the said affidavit, he shall come with definite undertaking on the next date, failing which, he shall be taken back into judicial custody. The Bank shall also cooperate in case if the applicant would be unable to pay through liquid cash and/or adjusting through property. List on 02.05.2019.Page 1 of 5 Downloaded on : Mon Jul 15 22:13:29 IST 2019
R/CR.MA/21851/2018 ORDER The temporary bail granted to the applicant as per order dated 08.01.2019 shall continue till the next date on same usual terms and conditions."
2. On 02.05.2019, the following order was passed.
"In view of previous order and undertaking given by the present applicant, the amount of Rs.3,25,95,128/- along with interest remains outstanding. Learned advocate for the applicant shall come up with clear instructions as regards to terms of payment on monthly basis with clear details thereof. The applicant shall clear the amount of Rs.25,95,128/- on or before the next date of hearing i.e. 12.06.2019 and shall give clear proposal for clearing the remaining outstanding amount of Rs. 3 crore.
The temporary bail granted to the applicant as per order dated 08.01.2019 shall continue till the next date on same usual terms and conditions."
3. Heard Mr. Vishal Dave, learned advocate appearing for the applicant and Mr. Tarak Damani, learned advocate appearing for the original complainant.
4. Mr. Vishal Dave, learned advocate appearing for the applicant, states that in pursuance of the aforesaid order, the applicant failed to pay Rs. 25,95,120/- due to financial crunch. He further states that let one more chance be given to the applicant in the interest of justice.
5. The record and proceedings clearly indicates that the applicant is not at all serious regarding making his compliance thereof as regards his affidavit dated 07.01.2019 submitted by the applicant. The applicant is not even serious as regards clearance of the aforesaid amount. The applicant has been granted benefit of interim bail, let it may be extended for further period upto 15.07.2019. If the applicant does not clear the aforesaid amount on or before 15.07.2019, then he shall remain present before this Court and he shall be directly taken into custody on that date. Further, the applicant shall consult Page 2 of 5 Downloaded on : Mon Jul 15 22:13:29 IST 2019 R/CR.MA/21851/2018 ORDER the victim as regards the clearance of the outstanding amount about Rs. 3 Crores and shall give all the details thereof.
6. The temporary bail granted to the applicant as per order dated 08.01.2019 shall continue till the next date on same usual terms and conditions. S.O. to 15.07.2019."
3. Mr. Dave, learned advocate for the applicant submits that the applicant is not able to fulfill his commitment to pay the amount, as assured in the aforesaid order, due to financial reasons. Mr. Dave further submitted that brother of the applicant is present and is ready and willing to pay some post- dated cheques totaling to Rs. 11 lacs to the original complainant. He made a further submission that on brother of the applicant paying post-dated cheques to the complainant, temporary bail granted to the applicant may be extended by one week and, in the meantime, the applicant shall make payment of the remaining amount. He further submitted that the applicant is present in-person in the Court.
4. Mr. Damani, learned advocate for the complainant has strongly resisted the request made on behalf of the applicant. He submitted that the applicant has not fulfilled and honoured his commitment to the Court and now, no further leniency may be shown in favour of the applicant.
5. Mr. Pandya, learned APP submits that order dated 12.06.2019 is passed by a Co-ordinate Bench, in which, in para No.5 it is Page 3 of 5 Downloaded on : Mon Jul 15 22:13:29 IST 2019 R/CR.MA/21851/2018 ORDER clearly stated that if the applicant is not in a position to clear the amount by today, then he should remain present in the Court and from the Court itself he shall be taken into custody directly from the Court.
6. Undisputedly, the applicant has not fulfilled his commitment to make payment in compliance of order dated 12.06.2019. The reason for such non-compliance may be financial crunch which he is facing but when there is a judicial order and sufficient time was granted to him to fulfill the commitment, he ought to have made all efforts to fulfill his commitment or he should have moved this Court well in advance for extension of time instead of waiting for the date of hearing of the application.
7. Under the circumstances, the applicant Shrenik Kirtibhai Sheth is directed to be taken into custody. The Registrar General is directed to do the needful for taking him into custody and committing him to jail.
8. S.O. to 22.07.2019. Needless to say that if the applicant or someone else on his behalf manages to arrange for the funds to be paid to the complainant and the amount in terms of order dated 12.06.2019 is paid to the complainant, it would be open to the applicant to move this Court for early date of hearing of this application.
Page 4 of 5 Downloaded on : Mon Jul 15 22:13:29 IST 2019R/CR.MA/21851/2018 ORDER
9. A copy of this order may be made available to the learned Assistant Public Prosecutor.
(A.G.URAIZEE, J) JYOTI V. JANI Page 5 of 5 Downloaded on : Mon Jul 15 22:13:29 IST 2019