Vinubhai Manibhai Patel vs State of Gujarat and 1

Honourable Mr. Justice Anant S. Dave

Heard Learned Counsel Mr. Aftab Husen Ansari for the applicant, learned Additional Public Prosecutor Ms Moxa Thakkar and Mr. Anish Lokhandwala, the Recovery Officer of the Respondent-Bank. It is not in dispute that the applicant has paid Rs. 16,81,697/- out of Rs. 17,68,897/- and an amount of Rs. 65,000/- is to be paid. The applicant has already been enlarged on bail by an order dated 31.03.2011 passed in Criminal Miscellaneous Application No. 3390/2011 and this application is preferred for relaxation of conditions.

It is submitted by Learned Counsel for the applicant that the applicant is an N.R.I., holds a British passport and the family of the applicant is residing at United Kingdom. It is submitted that the applicant undertakes to remain present as and when required, during the trial, which has not yet commenced and hence, the prayer be granted as prayed for in terms of Paragraph 6.a) of this application.

I have heard learned Additional Public Prosecutor Ms. Moxa Thakkar who submits that the two brothers of the applicant accused are absconding and the applicant was also arrested in the year 2011 for the offences which took place in the year 2007. However, the fact about depositing the substantial amount of Rs. 16,81,697/- by the applicant remains undisputed. Certain other conditions were also relaxed by an order dated 03.08.2012 passed in Criminal Miscellaneous Application No. 11079/2012.

Considering overall facts and circumstances of the case and now that the amount alleged to have been misused by the applicant is almost paid and the trial has not commenced, in the above circumstances, conditions No. 3) [e] and 3) [g] as passed in the order dated 31.03.2011 passed in Criminal Miscellaneous Application No. 3390/2011 are hereby suspended for a period of six months, on the applicant filing a notarised Undertaking before this Court as well as the concerned Police Station to the extent that as and when the presence of the applicant is necessary during the trial, he shall remain personally present before this Court and shall also furnish the details about his whereabouts if the applicant leaves India and stays at United Kingdom. In view of the above, this application is allowed to the aforesaid extent only. Other conditions of the order remain as they are. Direct Service is permitted.