Bombay High Court
Vipul Manubhai Patel vs The State Of Maharashtra on 9 June, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date: 32-IA-1658-2022.doc
2022.06.10
18:49:33
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1658 OF 2022
IN
CRIMINAL APPEAL NO. 174 OF 2004
Vipul Manubhai Patel ...Applicant
Versus
The State of Maharashtra ...Respondent
Ms. Paavani Chadha a/w Mr. Hrishikesh Mundargi for the Applicant
Mrs. P. P. Shinde, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
THURSDAY, 9th JUNE 2022
P.C. :
1 Heard learned counsel for the parties.
2 By this interim application, the applicant seeks his enlargement
on bail.
3 Perused the papers. It appears that the applicant along with
another co-accused, was prosecuted in connection with C.R No. I-21 of
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2003 registered with the Kashimira Police Station for the alleged offences
punishable under Sections 302, 201 r/w 120B of the the Indian Penal Code.
The applicant along with another co-accused, after a full-fledged trial, were
acquitted of all the said offences, with which they were charged.
4 Being aggrieved by the said Judgment and Order of acquittal,
the respondent-State of Maharashtra preferred the aforesaid appeal i.e.
Criminal Appeal No. 174 of 2004. The said appeal referred by the State
was admitted by this Court on 4 th October 2004 and action under Section
390 of the Criminal Procedure Code was taken as against the accused i.e.
including the applicant. Accordingly, the applicant furnished bail in the
trial Court. It appears that thereafter, the aforesaid criminal appeal came up
on the final hearing board, sometime in 2020. It appears that in the
interregnum, after the admission of the aforesaid appeal i.e. in 2004 and
when the aforesaid appeal came up on board, the applicant had moved to
United Kingdom (`U.K') from Gujarat, where he was originally residing.
As the applicant and co-accused failed to appear before this Court, non-
bailable warrants were issued as against the applicant and co-accused
Pradnesh Mahendrakumar Desai. Thereafter, a Look Out Notice was issued
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against the applicant. It appears that co-accused Pradnesh Desai was
apprehended in Gujarat and was taken into custody and was subsequently,
enlarged on bail by this Court vide order dated 9 th March 2021. The said
order is on page 14 of the application. As the applicant was in U.K, a Look
Out Notice was issued and a Proclamation was also issued. It appears that
pursuant to the Look Out Notice, the applicant was apprehended in Czech
Republic on 25th November 2021. It appears that the applicant was
extradited to India and is in custody since 27th May 2022.
5 Learned counsel for the applicant submits that it was never the
intention of the applicant to flee the country or to abscond. Learned counsel
for the applicant submits that the applicant was initially residing in Gujarat
and for better prospects, moved to U. K, and is now a citizen of U. K. She
submits that the applicant was unaware that the said appeal was listed. She
further submits that even the lawyer engaged by the applicant was unaware
of the applicant's address and telephone number, as the applicant had failed
to update his advocate with his new address and contact details. Learned
counsel submits that there was some communication gap between the
applicant's advocate and the applicant, resulting in non-bailable warrant
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being issued by this Court in the aforesaid appeal and subsequently
proclamation and Look Out Notice. She further submits that the applicant
will abide by all the conditions that may be imposed by this Court.
6 It is not in dispute, that co-accused Pradnesh Desai, against
whom, non-bailable warrant was issued, was also arrested and subsequently
released on bail by this Court vide order dated 9 th March 2021, on certain
terms and conditions.
7 We are informed that the applicant's passport has been seized
by the Czech Republic and as such the applicant is unable to travel out
India presently. We are also informed that the applicant is suffering from
skin cancer and is required to take regular medical treatment for the same.
8 In the facts, since the applicant has undertaken to abide by all
the conditions that may be imposed by this Court and to remain present
before this Court as and when directed and has also undertaken to furnish
all details with respect to his address and contact details, we deem it
appropriate to allow the application and enlarge the applicant on bail on the
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following terms and conditions:
ORDER
i) The applicant be released on cash bail in the sum of Rs.
25,000/-, for a period of six weeks;
ii) The applicant shall within the said period of six weeks,
furnish P. R. Bond in the sum of Rs. 25,000/-, with one or more
local sureties in the like amount;
iii) The applicant shall report to Vadodra Nagar Police
Station on every Sunday from 10:00 a.m to 12:00 noon, initially
for a period of six months; thereafter, once a fortnight for 6
months; and thereafter, on the first Sunday of every month, till the
applicant's appeal is finally disposed of.
iv) The applicant shall not leave the country without the
permission of this Court;
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v) The applicant shall remain present before this Court at the time
of final hearing of the aforesaid appeal.
vi) An undertaking to the aforesaid clauses (iii) to (v), shall be
filed by the applicant, in the Registry of this Court, within two
weeks of his release.
9 The Interim Application is allowed and disposed of in above
terms.
10 All concerned to act on the authenticated copy of this order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
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