JUDGEMENT
V.V.BEDARKAR -
(1.)Both these petitions are filed against the order of the learned Metropolitan Magistrate 10 Court Ahmedabad in Criminal Case no. 3041 of 1975 by which the learned Magistrate was pleased to release the petitioner (original accused no. 13) Sukar Narayan Bakhia (hereinafter referred to as the concerned accused) on bail with various conditions.
(2.)In Criminal Revision Application no. 432 of 1982 the conditions are attacked on the ground that they are too severe and request is made that the conditions be relaxed especially pertaining to giving of two solvent sureties of Ahmedabad City proper to the tune of Rs. 50 0 each. The second petition being Criminal Revision Application no. 433 of 1982 is filed by original complainant Mr. R.R. Shah Assistant Commissioner (Acquisition Range) Income-tax Ahmedabad making a grievance against the release of the concerned accused on bail even with the conditions attached to the bail order.
(3.)The case has a chequered history. A complaint was filed by the Income-tax Department in 1974 against the concerned accused and 22 others for the offences punishable under secs. 193 199 183 and 120-B of the Indian Penal Code on the ground that they attempted to convert their black money into white money by nefarious means of cross-word puzzle. Some of the accused including the concerned accused were detained either under MISA or COFEPOSA. Quite often Some of them remained absent and the proceedings could not be started. So it is a fact that till August 1982 the case has not started at all. It is a matter of record that on various adjournments the concerned accused remained present. It is also a matter of record that sometimes when the accused remained absent request for exemption from his attendance in Court was once or twice granted. It is also a matter of record that due to his absence the Court was required to issue non-bailable warrants and even in spite of that he could not be arrested or even brought before the Court and ultimately the last non-bailable warrant which according to the record is the fifth in number was issued on 27-7-1982 and on the strength of that warrant the concerned accused was arrested on 31 and was brought before the Court.
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