Vasantlal Ambalal Shah vs Govindji Naraji Vanzara

Ashutosh J. Shastri, J

Present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for seeking following

reliefs:-

“(A) To allow this application;

(B) To modify the condition of order of bail dated 26.08.2019 passed by Principal District and Sessions Judge, Chhota Udepur, in Criminal Appeal

No.16 of 2019 whereby, petitioner is directed to deposit 20% of the cheque amount and same may be reduced to the 10% of cheque amount in

connection with order of conviction darted 09.08.2019 passed by Additional Chief Judicial Magistrate Court, Bodeli, District Chhota Udepur in

Criminal Case No.530 of 2018.

(C) Pending admission, final hearing and disposal of the matter, to release the petitioner on bail in connection with his arrest for non-compliance of

order dated 26.08.2019 passed by Principal District and Sessions Judge, Chhota Udepur, in Criminal Appeal No.16 of 2019 whereby, petitioner is

directed to deposit 20% of the cheque amount in connection with order of conviction darted 09.08.2019 passed by Additional Chief Judicial Magistrate

Court, Bodeli, District Chhota Udepur in Criminal Case No.530 of 2018.

(D) ………… (E) ………… (F) …………â€​

The case of the petitioner is that a private complaint was filed against the petitioner on 31.5.2018 for return of the cheque of Rs.30 lakhs and in

response to this complaint, a case is tried by learned Judicial Magistrate Court Bodeli, District Chhota Udepur, being Criminal Case No.530 of 2018,

and an order of conviction came to be passed on 9.8.2019. Feeling aggrieved by and dissatisfied with the said order, Criminal Appeal No.16 of 2019 is

filed before learned Sessions Judge, who granted bail to the petitioner, however on condition to deposit 20% of the cheque amount and as on account

of the prevailing crisis, the petitioner could not deposit the amount, a non-bailable warrant came to be issued against the petitioner on 25.9.2019 and in

that connection, the petitioner came to be arrested and was placed in judicial custody on 5.2.2020 and hence, the present petition is filed for the

purpose of seeking reduction of 20% of the amount, as ordered by the Sessions Court.

Learned advocate Mr. R.J. Goswami appearing on behalf of the petitioner at the outset has requested that the petitioner is ready and willing to

deposit 10% of the amount within a period of 10 days from today and for further portion of 10%, he seeks reasonable period and as such, has

restricted his argument accordingly. Hence, detailed order came to be passed on 20.7.2020, which reads as under:-

“This petition under Article 226 of the Constitution of India is filed for seeking modification of condition in an order dated 26.08.2019, mainly on the

ground that on account of financial constraints, the condition which has been imposed upon is not possible to be observed by the applicant.

However, at the outset, Mr. Goswami, learned advocate for the petitioner has submitted that the petitioner is ready and willing to deposit 10% of the

amount within a period of ten days from today and further portion of amount would be deposited in appropriate reasonable time. He has therefore,

requested to consider the request of the petitioner.

Having heard Mr. Goswami, learned advocate for the petitioner, Rule returnable on 27.07.2020. Mr. Shah, learned Additional Public Prosecutor

waives service of rule on behalf of the respondent â€" State.â€​

Pursuant to the aforesaid order, learned advocate Mr. Vijay Nagesh has instruction to appear and accordingly, was given some time and today,

when the matter is taken up for hearing, learned advocate Mr. Goswami has submitted before the Court that as per the earlier order and his

assurance, 10% amount has already been deposited before the Court below at Chhota Udepur on 22.7.2020 and for remaining 10% amount, the

petitioner wants three months time with readiness and willingness to submit an undertaking about such deposit and has requested that upon deposit in

extended time, the petitioner may be considered for release on bail.

As against the aforesaid submission, learned advocate Mr. Nagesh has submitted that enough time is granted by even the Court below but

ultimately after realizing this pandemic situation and prevailing economic crisis, Mr. Nagesh has left the matter to the discretion of the Court and has

broadly submitted that some precaution be made available in the order so that the petitioner may not take further more time nor can violate or misuse

the time or accommodation which may be given to the petitioner.

Having heard learned advocates appearing for the parties and having gone through the material on record, it appears that it is undispute fact now

that 10% amount, which was assured to be deposited, has been deposited on 22.7.2020 and the Court below on 26.8.2019 was pleased to the pass an

order to release the petitioner on bail on condition to deposit 20% of the cheque amount and on execution of the bail bond of Rs.15,000/- and on

suitable conditions and only now, the question which remains is to grant some breathing time to the petitioner to deposit further 10% amount. It is not

in dispute that present scenario and economic crisis is that one may be placed in economic crunch and therefore, since the petitioner has shown his

bonafide by depositing 10% amount, the Court has no hesitation in granting some breathing period to the petitioner to deposit remaining 10% amount

since the petitioner has shown his readiness and willingness to submit even an undertaking before this Court, to be placed on record of the present

case, and since there was a broad consensus, the Court is inclined to grant three months period to the petitioner with added condition to file a specific

undertaking before this Court by further indicating that he will not ask for any extension of the aforesaid period in whatsoever circumstance.

Upon going through the entire record and prevailing circumstance, the Court is inclined to dispose of the present petition on following terms, which

would meet the ends of justice:-

(1) The impugned order dated 26.8.2019 passed by learned Principal District and Sessions Judge, Chhota Udepur is modified to the extent that 20%

amount, which was ordered to be deposited, is now allowed to be deposited, in two equal stages; one which has already been cleared by depositing

10%, and further 10% of the cheque amount is ordered to be deposited within a period of THREE MONTHS from today and upon such specific

condition, the petitioner is allowed to be released on bail.

(2) It is made clear that rest of the conditions contained in the order dated 26.8.2019 are not disturbed, for which the petitioner is under obligation to be

abided by the same.

(3) The petitioner is also directed to file an undertaking within a period of ONE WEEK from today before this Court to the effect that he shall deposit

remaining 10% amount within a period of THREE MONTHS from today and will not ask for any extension of the aforesaid period.

With the aforesaid observations and directions, the present petition stands disposed of. Rule is made absolute to the aforesaid extent.

The Registry is directed to communicate this order by fax or e-mail to the concerned authority.