SUO MOTU Vs. JAYESHKUMAR VADILAL PATEL

JUDGEMENT

(1.) The present proceedings are initiated upon the suo motu notice issued by this court (K.M.Mehta,J) while considering the case for bail in Cri.M.A.No.3829/03.

(2.) The short facts of the case appear to be that a complaint is filed vide CR No.388/02 of Visnagar Police Station and one of the accusations in the complaint was that loan of Rs.5,38,000.00 was procured by respondent-Jayeshkumar Vadilal Patel on the name of Siddheshwari Silk Mills, but there is no existence of such firm nor the amount is used for the purpose of purchase of the mill. The accused Jayeshkumar Vadilal Patel preferred bail application before the Ld.Sessions Judge being Cri.M.A.No.360/03 and ultimately the Ld.Sessions Judge released the said accused on bail as per order, dated 29.4.03. This court (Coram: K.M.Mehta,J) while passing the order on 7.7.03 upon the application being Cri.M.A.No.3829/03 filed by Ishwarbhai Tribhuvandas Patel observed at para 6 as under:

(3.) This matter was heard earlier and this court on 2.12.2003 while admitting the petition had recorded the assurance given by Mr.Mangukia that the accused shall remain present personally on8.12.2003. Yesterday, the matter was listed and since Mr.Mangukia had filed sick note matter is taken up today. However, Ms.Bela Prajapati for Mr.Mangukia had identified the accused Jayeshkumar Vadilal Patel who remained present personally yesterday. During the course of hearing the Ld.advocate for the accused Mr.Mangukia with Ms.Bela Prajapati declared before the court that the accused is ready and willing to deposit the amount of Rs.5.38 lacs without admitting his guilt. However, it is submitted that some reasonable time may be given and the accused be allowed to be continued on bail on such condition.