Punjab-Haryana High Court
Ashiq Ali Nathani vs State Of Punjab on 8 August, 2023
CRM-M-42608-2019 2023:PHHC:104957
209
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-42608 OF 2019 (O&M)
DATE OF DECISION : 08.08.2023
Ashiq Ali Nathani ...Petitioner
Versus
State of Punjab ...Respondent
CORAM : HON'BLE MR. JUSTICE ARUN MONGA
Present : Mr. G. S. Brar, Advocate,
For the petitioner.
Mr. Mohit Thakur, AAG, Punjab.
ARUN MONGA, J. (ORAL)
This is second foray of petitioner before this Court under Section
439 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking
bail in case FIR No.258 dated 17.09.2018 (Annexure P-1) registered
under Sections 120-B, 420, 467, 468, 471 of Indian Penal Code, 1860 (for
short "IPC") at Police Station Division No.6, District Ludhiana.
2. Per prosecution version, earlier an application was moved by
Vijay Munjhal, Managing Partner of Hero Exports and thereafter another
application was moved by Ranbir Bakshi before the Commissioner of
Police, Ludhiana alleging therein that Hero Exports exported 10
containers of Rice worth USD 247008 to Whiterays Food Stuff Trading,
LLC, 207, Domino's Pizza Same Building, Damascus Street, Al Quasis
Dubai, which is represented by Ashiq Ali Nathani, who holds Indian
passport No.N5063178. Ashiq Ali Nathani was using Indian number on
Whatsapp for commercial transactions for Rice exports. He deliberately
introduced the complainant to enter into transaction to export the goods
SHALINI BHATIA
2023.08.21 10:01
I attest to the accuracy and
integrity of this order/ judgment
CRM-M-42608-2019 2023:PHHC:104957
worth USD 247008. He fraudulently issued a letter of credit for USD
247008 of Axios Credit Bank Limited, Singapore which never existed.
The representative of complainant visited Singapore and filed police
report. On visit to the given address of bank with Singapore police, it was
found that there is no bank at the given address. Ashiq Ali Nathani has
forged the letter of credit of the aforesaid bank, on the basis of which the
complainant was induced to ship him the goods to his company M/s
Whiterays Food Stuff Trading, Dubai. Even the AED 907260 which is
equivalent to USD 247008 was got dishonoured which was signed by
Kaleem Pasha, who is one of the Manager of the Company and legal
proceedings against him are pending at Dubai. Now the complainant has
learnt that Ashiq Ali Nathani, in order to escape the proceedings against
him at Dubai, has come to India. Inquiry was conducted on said
application and after getting legal opinion, FIR has been registered.
3. Learned counsel for the petitioner states that vide order dated
18.05.2020 passed by a co-ordinate Bench of this Court then seized of the
matter, he was granted interim bail on medical grounds. Said order is
reproduced herein below :
" This application has been filed for grant of interim
bail in view of order dated 2.5.2020 passed by the High
Power Committee chaired by Hon'ble Mr. Justice R.K. Jain.
Learned counsel for the applicant submits that the
applicant is 71 years of age and is a chronic patient of
Diabetes Mellitus, Hypertension and Coronary Artery
disease. He has been in custody for more than one year and
four months as on date. The recommendations of the High
Power Committee aforementioned squarely apply to the case
of the applicant in ongoing Covid-19 pandemic and thus, he
deserves to be released on interim bail.
Learned counsel for the complainant as well as
learned State counsel vehemently opposes the prayer on the
ground that there are 25 other criminal cases pending
SHALINI BHATIA against the applicant. These cases have been registered at
2023.08.21 10:01
I attest to the accuracy and
integrity of this order/ judgment
CRM-M-42608-2019 2023:PHHC:104957
various locations in the country and the applicant has
absconded from the law in the said cases. The record shows
that he has four different addresses and the police could not
trace him at most of them when it was attempting to arrest
the applicant. Thus, he is flight risk and does not deserve the
concession of interim bail. However, the medical condition of
the applicant is not disputed.
Considering the recommendation/order dated 2.5.2020
passed by the aforementioned High Power Committee, the
applicant deserves to be granted interim bail on account of
his pre-existing medical condition. However, large number
of pending criminal cases against him, the fact that he has
absconded from the law in the said cases and being an
apparent flight risk, cannot be lost sight of.
Accordingly, it is directed that the applicant be
released on interim bail for a period of three months with
effect from the date of his release. The bail shall be subject to
satisfaction of the trial Court/Duty Magistrate concerned
and further subject to furnishing of a local surety. The
applicant shall be directed to surrender his passport and
provide the address and telephone/mobile number at which
he will be available during the period of his interim bail. He
shall also furnish a bank guarantee in a sum of Rs.2.00
crores which may be encashed in the favour of the State in
the event of the applicant jumping bail.
The application is accordingly disposed of."
4. Subsequently, vide order dated 04.05.2023, same co-ordinate
Bench directed the petitioner to produce medical record regarding by-pass
surgery, owing to which he was accorded the concession of interim bail.
Said order is reproduced herein below :
" Counsel for the petitioner apprised the Court that in
the month of February, 2023, the petitioner has undergone
by-pass surgery and due to said reason, he failed to appear
before the police authorities as per directions given by this
Court vide order dated 26.4.2022 whereby the petitioner is to
appear before the Investigating Officer on 2nd and 4th
Monday of each month to mark his presence.
Now be listed on 19.7.2023.
Counsel for the petitioner is directed to produce
concerned medical record of the petitioner with regard to his
by-pass surgery on the next date of hearing.
Interim order to continue."
SHALINI BHATIA
2023.08.21 10:01
I attest to the accuracy and
integrity of this order/ judgment
CRM-M-42608-2019 2023:PHHC:104957
5. Thereafter matter was taken up on 19.07.2023 and time was
sought to produce the same.
6. Learned counsel for petitioner submits that his attempts to
contact the petitioner have been futile and he is unable to produce any
medical record, as directed vide order dated 04.05.2023.
7. Being so, it appears that petitioner is not entitled to any
further interim bail in the absence of any medical proof qua his assertion
that he is still convalescing or otherwise entitled to any concession. In
view of the above, instant petition is dismissed.
8. Pending application(s), if any, shall also stand disposed of.
AUGUST 08, 2023 (ARUN MONGA)
Shalini JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
SHALINI BHATIA
2023.08.21 10:01
I attest to the accuracy and
integrity of this order/ judgment
