PRIYA MURLIDHAR CHAINI Vs. GOVIND PRASAD SHRIWASTAV

JUDGEMENT

(1.) By this Application under sections 482 and 439(2) of the Code of Criminal Procedure, 1973 the Applicant has taken exception to the Order dated 11th August, 2006 by which the learned Additional Sessions Judge granted bail in favour of the first Respondent and directed concerned Officers to take appropriate action for bringing back the first Respondent to India at the earliest after his release on bail. The said order is challenged basically by invoking the jurisdiction under section 482 of the said Code on the ground that the learned Additional Sessions Judge had no power to give directions to the concerned officers for completing extradition procedure under the provisions of the Extradition Act, 1962 (hereinafter referred to as the said Act of 1962). The second ground of challenge is that the first Respondent was not in custody and therefore, the learned Judge had no jurisdiction to grant bail.

(2.) For the purpose of appreciating the submissions made by the learned Counsel appearing for the parties, it will be necessary to refer to the facts of the case. The Applicant is the first informant. The Applicant filed an F.I.R. on 06th October, 2004 which was registered with the Economic Offences Wing, GB, CB, C.I.D., Mumbai against the first Respondent for offences punishable under section 420, 465, 467, 468, 471 read with section 34 of the Indian Penal Code. Since there is no challenge to the order granting bail on merits, it is not necessary to go into details of the allegations made against the first Respondent in the First Information Report. Apart from the first Respondent, one Shri Dushyant Shantilal Bhojak was also one of the accused persons named under the said F.I.R. who was arrested. The first Respondent being a permanent resident of U.S.A. could not be arrested.

(3.) A report was filed on 16th December, 2004 by the Senior Inspector of Police, Economic Offences Wing, Unit V, CB C.I.D., Mumbai before the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai stating that investigation was in progress on the basis of a F.I.R. filed by the Applicant. It was stated in the said report that the first Respondent was a resident of New Jersey, U.S.A. and there was no sign of his arrival in India in near future. It was submitted that there was an ample evidence against the first Respondent. It was submitted that a red corner notice through Interpol was required to be issued against him for the purposes of tracing him. It was submitted that a standing non-bailable warrant against the first Respondent was required to be issued for the purpose of obtaining a red corner notice. On 16th December, 2004, the learned Magistrate directed that a standing non-bailable warrant shall be issued against the first Respondent as prayed. According to the case of the Investigating Officer, the said report was made for invoking powers under section 105B of the Code of Criminal Procedure, 1973. On the basis of the said standing warrant, a red corner notice was issued by Interpol on 03rd April, 2005. On 19th April, 2005 a chargesheet was submitted to the court of the learned Additional Chief Metropolitan Magistrate in which the first Respondent was shown as a wanted accused. According to the Investigating Officer the first Respondent was detained in United States on 02nd August, 2005. However, he got himself released on 13th September, 2005. Ultimately, on 31st May, 2006 the first Respondent was arrested by the Federal Police of Brussels in Belgium at the cross border check point of the airport when the first Respondent had arrived from New York. On the basis of direction issued by the Assistant Director IP, CBI, Central Unit, New Delhi, the procedure for preparation of extradition documents was started. As noted in the earlier order passed by this court in this Application, the extradition procedure has been completed and now within few days the first Respondent will be brought to India and will be produced before the learned Magistrate.