AJAY KAUSHAL Vs. STATE

JUDGEMENT

(1.) This is an application for bail filed by a person who has been incarcerated under Section 34-B of the Extradition Act. 1962. The Applicant was tried for kidnapping, beating and torturing the victim for ransom. The said case was tried in the Preston Crown Court in the United Kingdom. The Applicant failed to appear in the said case and fled the United Kingdom and. was therefore, tried in absentia. The Applicant was sentenced to 15 years imprisonment by the said Court.

(2.) The Respondents herein received an information on 26.10.2009 from Interpol that the Applicant who was a fugitive and wanted by the Interpol, was staying at Amigos Hotel, at Colva. The Lancashire Constabulary made a request to detain the Applicant as the original warrant was to be applied. The Respondents accordingly placed the Applicant under arrest under Section 41(g) of the Criminal Procedure Code, 1973 on 26.10.2009. It appears that the Applicant thereafter moved a bail application which came to be rejected by the learned J.M.F.C, Margao and the Applicant was remanded to judicial custody which remand was extended from time to time. The Central Bureau of Investigation, Interpol, New Delhi, thereafter vide a communication dated 29.10.2009 forwarded a copy of the message received from NCB, London dated 27.10.2009 along with the summary of evidence against the Applicant and the conviction order with a request for the Applicant provisional arrest pending submission of the extradition request. The said letter was received by the Superintendent of Police. Crime, Donapaula Goa, on 17.11.2009 which was ultimately forwarded to the Colva Police Station on 19.11.2009. On 26.11.2009 the 14 days judicial remand of the Applicant was coming to an end, the Respondents requested the J.M.F.C, Margao. to accord permission to execute the provisional warrant of arrest under Section 34-B of the Extradition Act, 1962 against the Applicant. Accordingly, the J.M.F.C, Margao granted the request and passed necessary orders in that respect. The Applicant was accordingly placed under arrest under Section 34-B of the Extradition Act, 1962 on 26.11.2009 from 13.45 hours. The Applicant was produced before the learned J.M.F.C, Margao; who remanded the Applicant to seven days judicial custody. The Applicant moved a bail application which was rejected by the learned J.M.F.C, Margao, by order dated 2.12.2009. Thereafter, the Applicant moved for bail by filing application No.314/2009 in the Sessions Court, Margao, which the learned Sessions Judge, Margao, rejected by order dated 7.12.2009. The Applicant thereafter, moved a bail application bearing No. 374/2009 in this Court which bail application did not survive in view of the present application being filed.

(3.) In the present matter the Respondents have filed an affidavit opposing the above application. To the said affidavit is annexed a letter dated 05.01.2010 of the Deputy Passport Officer, Extradition. In the said letter, it has been mentioned that U.K. Government has already submitted a request for extradition of the Applicant to the Government of India, which request is under examination so as to appoint an Extradition Magistrate under Section 5 of the Extradition Act, 1962 and, therefore, the Respondents are informed that the Applicant should not be released. It has further been averred in the affidavit that the Respondents herein are in possession of the copies of documents containing the correspondence that has ensued in respect of extradition of the Applicant between the Government of India and British High Commission, New Delhi.