TMI Blog1989 (6) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... CW/1989. The case is essentially against M/s. Voltas Ltd. and 27 others. Respondent No. 1 was the Commercial Manager and he was one of the main accused in the case. It is an admitted position that the other accused are the members of the Board of Voltas Ltd. and other office-bearers of the said company. The case is on the allegation that the accused have evaded excise to the tune of Rs. 6,32,86,400/- and that thereby they have defrauded the Central Excise of the legitimate excise duty. The case is pending since about 1986 and according Mr. Samant the case might be taken up for hearing any moment. On the other hand, according to Mr. Bhat (who is appearing for respondent No. 1), on account of congestion of work load in the lower Court, the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and he has consequently prayed that he should be allowed to go out of India on his executing a bail-bond for Rs. 50,000/- with one surety for the like amount and impliedly suggesting that there should be no conditions. 5. The matter has been heard at length. Initially the contention was that the order would fall within the scope of Section 317 of the Code of Criminal Procedure. After some discussion, Mr. Samant conceded that technically the order would not fall within the scope of Section 317 of the Code of Criminal Procedure. However, having regard to the condition that the case may have to go on in the absence of the accused subject to the Advocate of respondent No. 1 remaining present, the order could be considered virtually as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll known that these days the cases do not get over within a short time and if any such thinking is permitted it might as well mean confinement of the accused without trial for years, which is patently improper and illegal. Therefore, each case has to be considered on its own merits and when accused makes an application for the purpose of leaving the jurisdiction of the Court, may be out of Bombay, may be outside India, such an application has to be considered on its merits and the facts and circumstances of each case. 8. Therefore, the only question in the present case is as to whether the order is sufficient as to ensure the presence of the accused at the time of the trial. In the present case respondent No. 1 has stated on oath that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a condition that in case the trial has to proceed, the trial need not be held up on account of the absence of respondent No. 1 and for that purpose he has made it clear that his advocate would remain present and the case would go on as against the accused. However, after some discussion I think I should add two additional conditions which would ensure his presence as and when required. The two conditions would be that before the accused leaves the country he must get a fresh letter of appointment from the appointing authority (not from any agent in India) and that he should also get a letter from the appointing authority that they are aware of the fact that he is involved in a Criminal Case No. 38/CW/89 and that the condition of the bond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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