Tuesday, 28 July 2015

When absconder can be released on bail?

The applicant was initially arrested on 19th May, 2010.
He was ordered to be released on bail by the Special Court on
27th July, 2010. He was permitted to deposit cash amount of
Rs.2,50,000/- (Rupees Two Lac Fifty Thousand) in lieu of surety, as a
temporary measure, and was required to furnish a surety in the said
amount within the stipulated time. The applicant, however, absconded.
He did not furnish the surety in the stipulated time. He was found
after great difficulty and was ultimately once again arrested on
5th October, 2010, from a place near Kalyan. The applicant has,
thereafter, continued to be in custody till toady.
After carefully considering all the relevant aspects of the
matter and keeping in mind that the trial is not likely to be
expeditiously held, I am inclined to grant one more opportunity of
availing of liberty to the applicant. However, in view of the past
conduct of the applicant, I am inclined to imposed somewhat stringent
conditions upon the applicant to reduce the possibility of his
absconding once again. I am also inclined to fix a rather heavier
amount of bail.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.2350 OF 2014
WITH
CRIMINAL BAIL APPLICATION NO.2369 OF 2014
Akhilesh Harshal Pandey .. Applicant
Vs.
The State of Maharashtra & Anr. .. Respondents

CORAM : ABHAY M. THIPSAY, J.
DATED : JANUARY 14, 2015.



Heard Mr.Saraogi, learned counsel for the applicant.
Heard Mr.Venegaonkar, learned counsel for respondent – CBI.
2 The applicant is one of the accused in Special Case
No.35 of 2011 pending before the Special Court at Mumbai. The case
is in respect of the offences punishable under Section 419, 420, 465,
467, 468, 471 and 201 of the Indian Penal Code (IPC) read with
Sections 511 and 120(B) of the IPC, as also the offence punishable
under Section 13(2) read with Section 13(1)(d) of the Prevention of
Corruption Act, 1988.

3 The applicant was initially arrested on 19th May, 2010.
He was ordered to be released on bail by the Special Court on
27th July, 2010. He was permitted to deposit cash amount of
Rs.2,50,000/- (Rupees Two Lac Fifty Thousand) in lieu of surety, as a
temporary measure, and was required to furnish a surety in the said
amount within the stipulated time. The applicant, however, absconded.
He did not furnish the surety in the stipulated time. He was found
after great difficulty and was ultimately once again arrested on
5th October, 2010, from a place near Kalyan. The applicant has,
thereafter, continued to be in custody till toady.
4 I have examined the nature of allegations against the
applicant. All the other accused in this case have been released on
bail. The case of the applicant does not seem to be any way different
from those accused who have already been released on bail.
5 The only contention that has been advanced by
Mr.Venegaonkar, the learned counsel for the CBI is that the applicant
if released on bail is likely to abscond. He submitted that the applicant
had once absconded. He also submitted that the addresses given by
the applicant were found to be bogus. There is indeed some substance
in these contentions.

6 Mr.Saraogi, the leaned counsel for the applicant,
however, submits that the applicant has already remained in custody
for a sufficient length of time though he was originally ordered to be
released on bail on considering merits of the case. Mr.Saraogi also
pointed out that the cash of Rs.2,50,000/- (Rupees Two Lac Fifty
Thousand), deposited by the applicant has already been forfeited.
Thus, according to the leaned counsel the applicant has already
suffered for the wrongs attributed to him, and that if an opportunity is
now given to him, to avail of liberty, he will abide by the conditions,
as may be imposed by this Court.
7 After carefully considering all the relevant aspects of the
matter and keeping in mind that the trial is not likely to be
expeditiously held, I am inclined to grant one more opportunity of
availing of liberty to the applicant. However, in view of the past
conduct of the applicant, I am inclined to imposed somewhat stringent
conditions upon the applicant to reduce the possibility of his
absconding once again. I am also inclined to fix a rather heavier
amount of bail.
8 The application is allowed.

9 The applicant is ordered to be released on bail in the sum
of Rs.5,00,000/- (Rupees Five Lac), with one surety in like amount or
two sureties in the sum of Rs.2,50,000/- (Rupees Two Lac Fifty
Thousand), each, on the following conditions:
(a) The applicant shall report to the office of the CBI
BSFC, Mumbai, on every working day between 11.00
a.m. to 2.00 p.m. except on the dates on which he would
be present before the trial Court.
(b) The applicant shall give his address where he
would be residing after his release from custody, to the
Investigating Officer in writing. The applicant shall not
change this address without giving previous notice in
writing to the Investigating Officer and to the trial Court,
and without notifying his proposed new address.
(c) The applicant shall not leave the limits of
Brihanmumbai or Thane district without the express
permission of the Investigating Officer or the Court, in
writing.

10 Any breach or violation of these conditions may
forthwith be reported by the Investigating Officer to the trial Court
which may take further appropriate action in the matter by treating this
bail order as if passed by it.
(ABHAY M. THIPSAY, J.)

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