N SARASWATHY AMMA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 616/97 P.S. Kalkaji. Learned counsel for petitioners after arguing matter on merits submits that he would confine has prayer for setting aside the orders declaring the petitioners as proclaimed offenders and for grant of bail. He argued that the petitioners are aged ladies and residents of Kerala. After coming to know that challan has been filed, the petitioners engaged Mr. Jawahar Lal, Advocate, who moved an application before the Metropolitan Magistrate for exemption on their behalf. The exemption was rejected. He was further engaged to take up the matter on their behalf in higher court and a fee of Rs. 15,000/- was also paid to him. Their lawyer did not take steps and misinformed the petitioners. The petitioners have also filed complaint in the Bar Council of Delhi against the said Advocate. Learned counsel tor petitioners further states that since the investigations have already been completed and the challans have been filed, the petitioners pray that the order declaring them proclaimed offenders be set aside and they be permitted to appear in the Trial Court and contest the proceedings on such terms as may be deemed fit and proper. Learned counsel for State submits that the petitioners arc guilty of deliberately delaying the trial, after committing fraud of Rs. 210.60 lacs and that they are not entitled to be released on bail.

(2.) Taking into consideration the facts and the circumstances of the case, particularly when petitioners are ladies and residents of Kerala and thai there was misunderstanding between them and their Advocate, that the complaint has been filed by them against lawyer in the Bar Council of Delhi, the impugned order dated 1st December, 2000 issuing NEW and declaring the petitioners as proclaimed offenders is set aside qua the petitioners. Petitioners are ordered to be released on bail on each of them furnishing a personal bond in the sum of Rs. 5.0 lacs with one local surely each in the like amount to the satisfaction of the trial court, subject to the condition that they shall not leave India without prior permission of this Court and shall immediately surrender their passport in Court, if any and each of them pay Rs. 15,000/- costs to legal Aid, Patiala House. The petitioners are directed to appear before the Trial Court on 24th September, 2001.

(3.) With the above directions, the petition stands disposed of.