B K CHAKRAVARTY Vs. BIJAYA GURUNG

JUDGEMENT

(1.) This petition has been moved by B.K. Chakravarty. Air Customs Officer, seeking quashment of the order of the Additional Sessions Judge dated March 31, 1990, by which she had directed release of the respondent on bail on funnishing a bail bond in the sum of Rs. 5,00,000.00 (five lakhs only) with two sureties in the like amount with the direction that one of the sureties would be local.and that the petitioner shall not leave jurisdiction of the court without permission and he shall surrender his passport, if not already done.

(2.) The respondent had moved a petition under Section 482 read with Sections 401 & 397 of the Code of Criminal Procedure seeking modification of the said order granting bail playing that the bail amount as well as the number of sureties be reduced. Vide order dated May 22, 1990, this Court had passed he following order :

(3.) The learned counsel for the petitioner has argued that the respondent who is a foreign national should col have been granted bail by the Additional Sessions Judge as recovery of illicit gold of the value of Rs. 24,12,467/ had been effected in this case. He has pointed out that the delay in the trial is taking place due to somewhat unusual cross-examination being carried out by the defence counsel on various dates resulting that statement of even one witness has not been completed on various dates He has urged that there was no lapse on the part of the court or the prosecution for the delay occurring ia the trial He has referred to Criminal Miscellaneous (Main) No. 746/89, Nalla Thamby Sritharan v. Uma Shankar decided o.n May 23,1989, by R.L Gupta, J. and Criminal Miscellaneous (Main) No. 838/89,Qamaruddin v. R.P. Sharma & Another, decided on September 25, 1989, by Santosh Duggal.J It has been held in the said cases that a criminal revision is maintainable tor seeking setting aside of the order of the lower court granting bail and it has been also held that where a foreigner is involved in a serous economic offence, normally he should not be granted bail as possibility of such a foreigner jumping the bail and leaving the country cannot be over looked and the trial court should try to complete the case against a foreigner at the earliest. He has, hence, urged that the Additional Sessions Judge was not justified in granting bail to the respondent.