TMI Blog1987 (1) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... 67, 468 and 471 Indian Penal Code. Charges have been framed against the petitioner and his co-accused only under Section 420 read with Section 120-B Indian Penal Code. An elaborate order dated 13/3/86 passed by the learned Chief Metropolitan Magistrate in this regard is the subject-matter of revision as both the accused have filed separate revision petitions against the said order and the state has also come up in revision as it is feeling aggrieved by the order of the learned Magistrate in so far as he declined to charge the petitioner and his co-accused. under Sections 467, 468 and 471 Indian Penal Code. (3) In order to appreciate the contentions raised before me I may at this stage reproduce the relevant facts. The petitioner Rajendra Singh Sethia was the Chairman of Esal Group of Companies since April 1977 and was controlling all the financial matters of all the companies on this Group. His co-accused Amarjit Singh was posted as the Genera] Manager at the London Branch of Punjab National Bank and both of them were quite close to each other. Esal (Commodities) Ltd..19/20, Noel Street, London had various accounts with Punjab National Bank at London including 'Dollars Merch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pping documents. Those-documents did not, however, contain the original bills of fading purporting to show the shipment by Golden Venture . Those bills were found. supported by different bills of lading purporting to show the shipment of sugar lay vessel Eicni and Summer Sun . The Hongkong Shanghai Bank could not detect the replacement for want of any document at their end. Information to this effect was sent by the Hongkong Bank to Punjab National Bank, London on 3/1/1984. (6) Thereafter M/s. Esal (Commodities) Ltd., London submitted four fresh bills of exchange for the aforesaid amount drawn on another company M/s. Bright Planet Enterprises Ltd., Hongkong in lieu of the previous bills of exchange with the request that the previous bills be replaced as the same were erroneously drawn on M/s. Alglobe Trading Ltd., Hongkong, and those fresh bills of exchange were forwarded by Punjab National Bank, London on 10/1/1984 to Hongkong and Shanghai Banking Corporation, Hongkong and the same were in turn received by M/s. Bright Planet Enterprises Ltd., Hongkong but the same remained unpaid. It subsequently transpired that the company M/s. Bright Planet Enterprises Ltd., Hongkong had co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd others v. State of U .P. 1978CriLJ651 . (10) The point, Therefore, that immediately arises for consideration is as to whether a fresh bail application under fresh considerations can be examined by this court or not. In the case supra Supreme Court has in very clear and unambiguous terms held it to be so. The court has observed :- AN order refusing an application for bail doc not necessarily preclude another on a later occasion giving more materials, further developments and different considerations. While the court should see store by the circumstance that the bail application was once rejected it cannot be said that the court is barred from second. consideration at a later stage. (11) The crux of the matter, Therefore, is whether there is any fresh material, further development and different considerations present in this case. To my mind, there are a large number of considerations as have been put forward by Mr. Jethamalani in a very eloquent manner. It may be noticed that the co-accused is since on bail. Mr. Jethamalani has tabulated the following. fresh considerations for grant of bail. (12) In the first place, he urged that one of the considerations and pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns that/this is a fresh development . (15) Proceeding with the argument Mr. Jethamalani contended that the case pending against the petitioner in a Calcutta court under Sections 419, 420, 468 and 471 Indian Penal Code and Section 12(l)(b) of the Passport Act was yet another factor which had influenced the mind of the court in declining bail. The contention is that in its order dated 26/11/1986 Calcutta High Court has held that the petitioner under the provisions of Section 437(6) Cr. P.C. is entitled to bail and the only reason given by it for refusing bail is that the petitioner is involved in two more cases in Delhi. Mr. Jethamalani Therefore urges that this is a fresh circumstance attracting fresh consideration of the petition for bail. (16) Mr. Jethamalani also urged before me that t ere was never any allegation against the petitioner that he is in the habit of obtaining fake passports and the only allegation is that he had one regular and valid Indian passport in his name and another fake passport in the name of R.K. Dugar. According to Mr. Jethamalani fresh consideration how is that in no judgment of this court it is mentioned that at the time the petitioner procured th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this basis Mr. Jethamalani submits that the petitioner was regularly visiting India to find solution to his problems and he was so doing on his regular and valid passport. If the problems of the petitioner can not be vivid without the diplomatic and political intervention of the government of India, how then one can assume that he might flee from justice ? According to him this is also one of the most prominent considerations which should weigh with the Court for fresh consideration and grant of bail to the petitioner. (18) Mr. Jethamalani next urged that earlier the court was also influenced by the fact that the petitioner was an absconder from justice. This according to him was on the basis of a warrant which had been issued against the petitioner by a London court at the instance of Allied Arab Bank claiming 8 million dollars from the petitioner. It is submitted that the case was wrongly registered as the Allied Arab Bank had inflated its claim and, instead of claiming one million dollars had made a wrong claim for 8 million dollars. It is urged that it was under these circumstances that the petitioner refused to succumb to pressure and, had the done so he would have unnece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an appropriately be gone into the revision petition. There is, however, a great deal of force in the contention of Jethamalani that, in case the court tomorrow agrees with his contention, the result would for all purposes, be monstrous, as the punishment provided for an offence under section 417 is only one year while the petitioner has already been in Jail for about 22 months. Mr. Jethamalani posed a question as to in what way can the court compensate the petitioner in case his contention is accepted? In any case, Mr. Jethamalani maintains that the article apprehension of fleeing from justice is necessarily to be evaluated in the light of the new considerations, fresh developments and circumstances. (22) I have given my careful consideration to the arguments advanced and the contention raised. It would be seen that while dealing with the bail applications earlier, the court has been influenced by certain considerations which are no more in existence. In the ultimate analysis the bail was refused on two considerations, namely, the gravity of the offence and the apprehension of the State that the petitioner is likely to flee from justice. After giving my anxious thought to the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt in the case supra has observed as under :- THE correct legal approach has been clouded in the past by focus on the ferocity of the crime to the neglect of the real purpose of bail or jail and indifferent to many other sensitive and sensible circumstances which deserve judicial notice. (24) Thus personal liberty as guaranteed under the Constitution has necessarily to be harmonized with the considerations under the ordinary law. One can' understudied refusal of bail ih matters eating into the very vitals of the society. In such matters the issue is always resolved by reference to what is in the interest of society and, what is against. In the ultimate analysis the decision in matters of bail is always taken on the circumstances and facts of each case. It is for this reason that the discretion is vested in courts in matters of bail and it has always been considered a great trust. This discretion has to be exercised judicially with all the concern to the facts of a particular case and, the circumstances. In the present case there is no allegation that prior to this particular incident the petitioner has been involved in any case of cheating. He has been a credible cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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