MAHESHBHAI MOTIRAM GODIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.P.J. Mehta for the petitioner and learned Additional Public Prosecutor for the respondent State.

(2.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has prayed that appropriate direction be issued to learned 7th Sessions Judge, Surat, to decide Criminal Misc. Application No.1481 of 2020 within stipulated period.

(3.) Learned advocate for the petitioner has submitted that the respondent - accused filed an application under Sec. 439 of the Code of Criminal Procedure, 1973 ("the Code" for short) before this Court for enlarging him on regular bail in connection with the FIR being C.R. No.131 of 2018 registered with Athwa Lines Police Station, Dist.: Surat. It is submitted that this Court on the basis of the submissions canvassed by the learned advocate for the accused, released the said accused on bail on a condition that the respondent accused shall deposit Rs.10.00 lakhs within a period of five weeks from the date of his release. Copy of the said order is placed on record at Page-6 of the compilation. At this stage, it is pointed out that thereafter, the respondent accused filed an application for extension of time and this Court vide order dtd. 20/8/2019 granted extension of six months for depositing the amount of Rs.10.00 lakhs before the concerned Court. Copy of the said order dtd. 20/8/2019 is placed on record at Page-10. It is contended that till date, the respondent accused has not complied with the aforesaid condition and, therefore, the present petitioner has filed Criminal Misc. Application No.1481 of 2020 before the concerned Sessions Court under Sec. 439(2) of the Code for cancellation of bail on the ground of violation of condition. However, till date, the concerned Sessions Court has not decided the said application. It is, therefore, urged that appropriate direction be issued to the concerned Sessions Court to decide the application filed by the present petitioner under Sec. 439(2) of the Code in accordance with law within stipulated time.