MAHENDRA C VAKHARIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Barday for petitioner and Mr. Patwardhan for respondent No. 2.

(2.) THE petitioner has challenged the forteiture of his bail bond by the learned Chief Metropolitan Magistrate in Remand Application No. 263 of 1994 by order dated 23rd March 1995 as confirmed in Criminal Revision Application No. 136 of 1996 by the Additional Sessions Judge, Greater Bombay by order 13th September, 1996.

(3.) THE present petition has come to be filed in the backdrop of following facts: the petitioner was arrested for F. E. R. A. violation on 12th September, 1994 for offences under sections 8 (3) and 9 (1) (a) of the F. E. R. A. Act, 1973. He came to be released on bail by the order dated 28th September 1994 whereby he was directed to be released on bail on furnishing surety in the sum of Rs. 1,50,000/- or alternately by furnishing cash bail of Rs. 1,00,000/ -. The petitioner had availed of the said order of bail by furnishing cash bail of Rs. 1,00,000/ -. It appears that subsequently detention order came to be issued against the petitioner under the provisions of COFEPOSA on 26-11-1994. As the petitioner was not available for service of the detention order under the COFEPOSA, application was made by the Assistant Enforcement Officer on 2nd January 1995 before the learned Chief Metropolitan Magistrate for cancellation of bail and issue of non-bailable warrant and also for forfeiture of cash bail. The copy of the said application is at page 33 of the Record and proceedings which mentions that the Officers had visited at the known addresses of the accused person on 14-12-94 and 21-12-94 when he was not available for service of the said order. Pursuant to the said application the learned Chief Metropolitan Magistrate passed order cancelling the bail bond and issued non-bailable warrant against the petitioner. Thereafter application was made on 23rd March 1995 by the Enforcement Officer before the Magistrates Court praying for cancellation of bail and forteiture of cash bail on the ground that when the officers went to the address of the petitioner on 18-1-1995, 30-1-1995, 16-2-1995 and 8-3-1995 for service of non-bailable warrant the said could not be executed because the petitioner was not available. The learned Chief Metropolitan Magistrate, therefore, passed the impugned order dated 23rd March 1996 which reads as under :