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2015 DIGILAW 660 (GUJ)

Madhubhai Gandabhai Patel v. Patel Ambaram Shivraj

2015-07-02

SONIA GOKANI

body2015
ORDER : Sonia Gokani, J. The Criminal Revision Application Nos. 273/2015; 274/2015 & 275/2015 challenges the impugned judgment and orders of conviction and sentence passed by the learned Addl. Sessions Judge, Gandhinagar in Criminal Appeals No. 49/2012; 1 of 2013; 15 of 2013, all dated 5th June 2015 confirming the judgment and order of conviction and sentence under Section 138 of the Negotiable Instruments Act passed by the learned JMFC, Mansa in Criminal Case Nos. 4/2003 dated 1st November 2012; 3/2003 dated 20th December 2012 and 753/2002 dated 24th January 2013. While confirming the order of conviction and sentence, the learned Addl. Sessions Judge, Gandhinagar was pleased to cancel the bail bond of the applicant-revisionist and the applicant is taken in judicial custody. 2. Whereas, Criminal Misc. Applications No. 10948 of 2015; 10955 of 2015 and 10959 of 2015 are moved by the applicant-convict for grant of regular bail. 3. And whereas, Criminal Revision Application Nos. 282/2015; 283/2015 & 284/2015 are moved by the original complainant for enhancing the sentence and for grant of compensation to the applicant. 4. Learned advocate Shri S.A. Baqui appearing for the revisionist has urged that all the three revision applications preferred by him challenges the order of conviction in three cases, as the matters relates to dishonouring of three different cheques. He urged that various issues arise for this Court to be considered and therefore, till the final hearing is taken up, the revisionist may be released on bail with strictest conditions which this Court may deem fit and proper in the facts and circumstances of the case. 5. Learned advocate Shri Baqui has also agreed to proceed with the matters finally on the next scheduled date as the transactions are of the year 2002-2003. According to him, the revisionist was on bail right from beginning and therefore he is not going to misuse his liberty. 6. Learned advocate Ms. S.M. Ahuja appearing for the original complainant has urged that the complainant has moved this Court for enhancement of the sentence and also on being aggrieved on the aspect of non grant of compensation. She urged that unless the convict deposits the cheque amount, he may not be released on bail. She contended that for fifteen years, the complainants have not received anything. She urged that unless the convict deposits the cheque amount, he may not be released on bail. She contended that for fifteen years, the complainants have not received anything. One of the complainants has passed away and other two are 87 and 72 years old and during their life time, it would be difficult for them to enjoy the fruit of their money. She urged that once the convict is released on bail by this Court, the person would adopt delay tactics and therefore no liberty be granted and all matters be heard as expeditiously as possible. 7. Having heard both the sides and having considered the material on record, coupled with the fact that the convict-revisionists was on bail all throughout - even after he was convicted by the Court of learned JMFC, Mansa. It would be in the fitness of things to grant him bail during the pendency of these proceedings on certain stringent conditions. 8. Hence, Rule. Learned advocate Ms. S.M. Ahuja appears and waives service of notice of rule on behalf of original complainant in respective cases and likewise, Ms. Hansa Punani, learned APP waives service of notice of rule on behalf of the respondent no.2-State. The notice of rule stands waived by learned advocate Ms. S.A. Baqui on behalf of the respondent no.2-original accused in Criminal Revision Applications No. 282/2015; 283/2015 & 284/2015. 9. Pending hearing and final disposal of the present Criminal Revision Applications No. 273/2015; 274/2015 & 275/2015 & Misc. Criminal Application No. 10948 of 2015, the sentence awarded by the learned Judicial Magistrate, First Class, Mansa in Criminal Case Nos. 4 of 2003 dated 1st November 2012; 3 of 2013 dated 20th December 2012 and 753 of 2012 dated 24th January 2013 and confirmed by the learned Additional Sessions Judge, Gandhinagar in Criminal Appeals No. 49 of 2012; 1 of 2013 and 15 of 2013 all dated 5th June 2015 is hereby suspended. The applicant-convict is hereby ordered to be enlarged on bail on his furnishing personal bond in the sum of Rs. 25,000/- [Rupees Twenty Five Thousand] and one solvent surety of the like amount in each case before the concerned trial Court. He shall also deposit an amount of Rs. 2,00,000/- within a fortnight before this Court in each case. The applicant-convict is hereby ordered to be enlarged on bail on his furnishing personal bond in the sum of Rs. 25,000/- [Rupees Twenty Five Thousand] and one solvent surety of the like amount in each case before the concerned trial Court. He shall also deposit an amount of Rs. 2,00,000/- within a fortnight before this Court in each case. He shall also mark his presence before Ghatlodia Police Station on every first Monday of English calender month between 09:00 am and 12:00 [noon] and shall not leave the territory of Gujarat and India; except prior permission of this Court. The applicant-convict shall deposit his passport; if any, with the registry of this Court immediately after his release. 10. Record and proceedings in these cases may be called for so as to reach this Court on or before 10th July 2015. Matters are fixed peremptorily for final hearing on 10th July 2015. 11. Criminal Misc. Application Nos. 10948 of 2015; 10955 of 2015 and 10959 of 2015 stands allowed. Rule nisi in each case is made absolute with no order as to costs. Direct service is permitted. Criminal Misc. Application allowed.