HARSHAD SHANTILAL MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal application is filed by the present petitioner who was Respondent No. 1 in Criminal Application No. 2595 of 1992. This application is filed for petitioner's immediate release from the jail custody more particularly under section 442 of the Criminal Procedure Code.

(2.) CRIMINAL Application No, 2595 of 1992 was preferred by the Enforcement Department against the order passed by the Additional Chief. Metropolitan Magistrate, 37th Court, dated 9th September, 1992 rejecting the application of the petitioners for remand of Respondent No.1 till 23rd September, 1992 and also against the order of grant of bail releasing Respondent No.1. After hearing both the sides, I rejected the said application filed by the Enforcement Directorate and confirmed the order that of the trial Court While passing the final order, I have directed the present respondent jail authorities that if the present petitioner has complied with all the bail formalities, he maybe released forthwith, if not required in any other case. It is an admitted position that the petitioner has complied with all the bail formalities and, therefore, the respondent prison authorities shall have to release him forthwith, if not required in any other case. In spite of the aforesaid order, the jail authorities of Byculla Prison refused to release the petitioner and being aggrieved by the aforesaid act on the part of the jail authorities, the petitioner has preferred the present application for immediate release under section 442 of the Criminal Procedure Code.

(3.) THIS application was moved in the morning for the immediate relief. Respondent was served and as per the request of Shri Lambay, learned Additional Public Prosecutor, appearing on behalf of the State, the matter was kept at 2.45 p.m. for further orders.