Gujarat High Court
Amitbhai Chaturbhai Guna vs State Of Gujarat on 8 October, 2021
Bench: Umesh A. Trivedi
R/CR.RA/1288/2019 IA ORDER DATED: 08/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR
WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of 2021
In
R/CRIMINAL REVISION APPLICATION NO. 1288 of 2019
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2021
In
R/CRIMINAL REVISION APPLICATION NO. 1289 of 2019
With
CRIMINAL MISC.APPLICATION (FOR
WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of 2021
In
R/CRIMINAL REVISION APPLICATION NO. 1294 of 2019
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SAVJIBHAI DHANJIBHAI DOBARIYA
Versus
STATE OF GUJARAT
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Appearance:
for the PETITIONER(s) No.
MR NIKHIL S VYAS for the PETITIONER(s) No.
MR. BHAUMIK DHOLARIYA for the RESPONDENT(s) No.
MS. C.M.SHAH, APP for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 08/10/2021
COMMON IA ORDER
[1] Heard learned advocates for the appearing parties.
[2] These Criminal Misc. Applications are taken up for
hearing and decided jointly as three different revision applications
came to be filed by respondent No.2 - accused viz. Amitbhai
R/CR.RA/1288/2019 IA ORDER DATED: 08/10/2021
Chaturbhai Guna, challenging his judgment of conviction and order
of sentence imposed by the trial Court and modified by the Appellate
Court enhancing the punishment.
[3] These applications are filed praying for withdrawal /
disbursement of an amount deposited by respondent No.2 - original
petitioner pursuant to an order dated 05.03.2020 passed by this
Court in Criminal Revision Application Nos.1288, 1289 and 1294 of
2019. However, during the course of submissions, it is submitted that
respondent No.2 - accused has failed to obey the conditional bail
order passed by this Court on 05.03.2020 in aforesaid revision
applications and therefore, I deem it fit to treat these applications as
one for withdrawal / disbursement of amount as also for cancellation
of bail order.
[4] Pursuant to an order dated 05.03.2020, while releasing
the respondent No.2 - accused, on a submission made on behalf of
respondent No.2 - accused as Rs.1,00,000/- was deposited before the
Registry of this Court and further Rs.1,00,000/- to be deposited
within a period of one month from the date of his actual release, the
Court passed an order and it is recorded in para-6 thereof while
granting prayer sought for in para-4(C) of the revision applications
on condition that, respondent No.2- accused shall deposit an amount
of Rs.1,00,000/- before the Registry of this Court within a period of
one month from the date of his actual release.
[5] Mr. Vyas, learned advocate for the applicant -
complainant submitted that even after he was released long back
may be due to Covid condition he has yet not deposited any amount
as ordered by this Court. He has further submitted that despite the
condition of Covid improvement much earlier, the persistent default
in making the aforesaid payment continue. Therefore, he has
R/CR.RA/1288/2019 IA ORDER DATED: 08/10/2021
requested that the conditional bail granted to the respondent -
accused may be cancelled as he has no regard for the Court's order
where conditional order of bail is granted.
[6] Mr. Bhaumik Dholariya, learned advocate for respondent
No.2 - accused, though granted sufficient time, submitted that there
is no assertive response from respondent No.2- accused.
[7] Considering the submissions, it appears that out of the
total cheque amount in three cases being Rs.30,00,000/-, the
respondent No.2- accused has deposited only Rs.3,00,000/- by now
and that was after filing of the aforesaid revision applications before
this Court. Over and above that, despite conditional order passed by
the Court releasing him on bail by directing to deposit an amount of
Rs.1,00,000/- within a period of one month from the date of his actual
release, more than one and half year has gone by now, he has not
even bothered to deposit the same. Mr. Dholariya, learned advocate
has also utilized the time granted by the Court to pursue him but it
has not yet yielded anything. Thus, it can be concluded that the
respondent No.2- accused has not obeyed the condition imposed by
the Court while releasing him on bail and therefore, there is no
option but to cancel his bail granted by this Court vide order dated
05.03.2020.
[8] Hence, these applications are allowed. The conditional
bail granted by this Court vide order dated 05.03.2020 in Criminal
Revision Application Nos.1288, 1289 and 1294 of 2019 are hereby
cancelled. The Trial Court is directed to issue the non-bailable
warrant against respondent No.2 - accused viz. Amitbhai Chaturbhai
Guna and take him into the custody immediately. Bail bond executed
pursuant to the order dated 05.03.2020 shall stand cancelled.
R/CR.RA/1288/2019 IA ORDER DATED: 08/10/2021
[9] The amount of Rs.1,00,000/- deposited in each case
subsequent to the filing of the revision applications, is hereby
ordered to be paid to the applicant - original complainant in each
case through A/c payee cheque, after ascertaining proper identity
and on applicant gives undertaking that if ultimately aforesaid
revision applications are allowed, he may refund the same within a
period of 30 days of the decision, with interest at the prevailing rate
as per the RBI's guidelines.
(UMESH A. TRIVEDI, J)
Lalji Desai
