Nizamkhan Hiyatkhan Ghasura vs Yunusbhai Aadambhai Bagga

Gita Gopi, J

Learned advocate Ms. Payal Tuvar for the applicant – original complainant submitted that anticipatory bail was granted to respondent No. 1 - Yunusbhai Aadambhai Bagga vide order dated

07.2021 passed in Criminal Misc. Application No. 5521 of 2021 by the coordinate Bench with one of the conditions, viz. condition No. 12(g), to the effect that the respondent No. 1 shall deposit an amount of Rs.1,00,000/- within a period of fifteen (15) days and the rest of the amount i.e. Rs.9,00,000/- shall be equally deposited in equal installments within a period of five months (5 months) before the trial Court and an undertaking, to that effect, shall also be filed before this Court within a period of 10 days from the date of receipt of the order of this Court. The deposit of the amount shall be without prejudice to right and contention of the applicant. Learned advocate Ms. Tuvar submitted that the applicant - original complainant, on 07.09.2022, had moved the learned 1st Additional Chief Judicial Magistrate, Palanpur for information regarding compliance of the aforesaid order and the learned Additional Civil Judge and Judicial Magistrate First Class, Palanpur, on 08.09.2022, has observed in the order on the basis of report of the Nazir of the learned Chief Judicial Magistrate Court, Palanpur that till that date, the respondent No. 1 – accused had not deposited any amount.

In the present case, notice has been served upon the respondent No. 1 – accused. The respondent No. 1 – accused has failed to comply the aforesaid condition and to deposit any money before the concerned Court below. The order of the learned Additional Civil Judge and Judicial Magistrate First Class, Palanpur dated 08.09.2022 substantiates the fact of non-compliance of the bail condition.

This Court is mindful of the fact that once bail is granted, it should not be cancelled in mechanical manner. But here, the respondent No. 1 – accused, while being granted anticipatory bail, was put to a condition and he has failed to comply the same. The conduct of the respondent No. 1 – accused shows that he wants to retain his freedom by enjoying the concession of bail but does not want to comply the conditions laid down by the Court. The very approach of the respondent – accused shows that he has no respect for law nor he wants to adhere to the process of law. His liberty, thus, would not be conducive for the fair trial. Nothing has been brought on record to show that the respondent No. 1 – accused had ever made any prayer before the Court for granting him extension of time for the deposit of money.

In the aforesaid view of the matter, this application deserves to be allowed and is accordingly, allowed. Anticipatory bail granted to the respondent No. 1 – Yunusbhai Aadambhai Bagga - accused vide order dated 05.07.2021, passed in Criminal Misc. Application No. 5521 of 2021, is cancelled. The concerned police authority at Palanpur , in connection with the aforesaid FIR, is ordered to arrest the respondent No. 1 – accused in connection with the crime in question.