TMI Blog1990 (4) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... the sum of Rs. 1,00,000/- (rupees one lakh). 2. Criminal Application No. 684 of 1980 is filed by the accused for relaxation of the terms and conditions of bail imposed by the order dated 21st February, 1990 wherein he was restrained from leaving Bombay without the permission of the Court. 3. It is the case of the prosecution in short that the accused is the proprietor of M/s. Expo Krafts which is engaged in export of woollen carpets etc. According to the prosecution, the accused took advantage of the export policy to the tune of Rs. 14,00,000/-(rupees fourteen lakhs) but failed to perform his obligation of repatriating foreign exchange in the like amount. It is the further case of the prosecution that further enquiries revealed that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring by an order dated 13th February, 1990 the learned Sessions Judge was pleased to reject the application for anticipatory bail. Hence the accused was arrested on 14th February, 1990. The accused, thereafter, filed Criminal Application No. 378 of 1990 wherein by an order dated 21st February, 1990 this Court (Coram: Puranik, J.) was pleased to grant bail to the accused in the sum of Rs. 1,00,000/- (rupees one lakh). It was observed in the said order- Heard Mr. Naphade for Petitioner. No affidavit is filed by the Respondent though directed yesterday to do so. Perused the record. The investigation is going on since last over one year. The petitioner has been interrogated and documents seized. There are no allegation that the Petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The said bill of lading had been issued on a passport bearing No. A 401107 belonging to the accused. The passport, which the accused surrendered to the Enforcement Directorate, bore No. X 187115 dated 15th November, 1984. According, to the prosecution, the accused is shown to be in possession of two passports at the same time. Though the later passport namely X 1871115 dated 5th November, 1985 had been surrendered, the accused is in possession of the passport bearing No. 401107 dated 3rd July, 1985. There is, therefore, a serious apprehension that the accused would jump bail and not be available to face the trial. It is the further case of the prosecution that in the statement recorded on 29th January, 1990 the accused had denied his holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eliance on the aforesaid facts Shri Gupte, appearing on behalf of the Assistant Director, Enforcement Directorate, strenuously urged that this is a fit case for cancellation of the order of bail dated 21st February, 1990. Shri Naphade the learned Counsel appearing on behalf of the accused submitted that the prosecution had been given adequate opportunity to file an affidavit-in-reply to the application for bail. If the prosecution failed to take advantage of the opportunity it had to thank itself for the same. The present application for cancellation is filed as late as on 26th March, 1990 i.e. after about a month and five days. According to Shri Naphade, the present application lacks bona fides and does not make out just and sufficient gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verred that it was cancelled on 30th July, 1985. I am not satisfied with this explanation either. If that were the case it is difficult to perceive how the bill of lading dated 12th December 1984 came to be booked on this passport. Be that as it may: The question that arises for determination is whether the prosecution has made out a just and sufficient cause for cancellation of bail. The fact that the Counsel on behalf of the Assistant Director could not reach the Court in time and the affidavit seeking to oppose the bail could not be filed can be no ground for cancellation of bail. Hence whatever is contained in the affidavit-in-reply, which was proposed to be filed for opposing bail, cannot be taken into account for cancelling the bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused will be required to report to the Assistant Director of Enforcement, Mittal Chambers, Bombay - 400 021 every day for a period of three months and thereafter once in a week initially for a period of six months. 12. In view of this order passed in Criminal Application No. 650 of 1990, the criminal application No. 684 of 1990 for relaxation of the terms of bail is liable to be rejected. Criminal Application No. 650 of 1990 is partly allowed. The bail granted in Criminal Application No. 378 of 1990 will continue on additional conditions i.e. on accused furnishing within a period of two weeks from today bail bonds in the additional sum of Rs. 5,00,000/- (rupees five lakhs) with one surety of the like amount or option of the cash depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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