Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 591

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, J.
Prakash Sheshmalji Jain & Ors. – Appellants
Versus
State Of Gujarat – Respondent
R/Criminal Misc.Application (For Direction) No. 14747 of 2022
Decided on : 12-04-2024

Advocates:
Advocate Appeared:
For the Appellant : MR. B.B. NAIK, SR. ADV. WITH MR VIRAL M PANDYA
For the Respondent: MR HITESH N ACHARYA, MR. JAY MEHTA

The court affirmed that conditions imposed during anticipatory bail remain valid until civil suits are resolved, emphasizing that criminal proceedings are not for realizing disputed dues without trial.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Anticipatory bail - Condition of deposit imposed by the Court - Applicants sought release of deposited amount after quashing of FIR and charge-sheet - Court held that condition remains valid until resolution of civil suits, emphasizing that criminal proceedings are not for realization of disputed dues without trial. (Paras 1, 4, 10, 17, 22)

(B) Jurisdiction - High Court's inherent powers under Section 482 cannot be used to review or recall orders that have attained finality - The condition imposed was not without jurisdiction as it was based on the applicants' voluntary statement. (Paras 20, 21)

Facts of the case:
Applicants sought pre-arrest bail in connection with FIR for offenses under IPC, voluntarily deposited a significant amount as a condition for bail, which was later challenged and upheld by the Supreme Court.

Findings of Court:
The condition of deposit remains in force until the civil suits are resolved, and the application for release of the amount was dismissed.

Issues: Whether the applicants are entitled to the release of the deposited amount after the quashing of criminal proceedings.

Ratio Decidendi: The court ruled that the condition of deposit was valid and binding until the civil suits were resolved, and the inherent powers of the court cannot be used to alter final orders.

Result: Application dismissed.

ORDER :

1. By invoking inherent powers under Section 482 of the Cr.P.C., the applicants seek to issuance of appropriate direction to the Registry of this High Court, for releasing the amount deposited, pursuant to the common order of this Court dated 20.1.2017 passed in Criminal Misc. Application Nos. 537 of 2017 and 540 of 2017.

2. This Court has heard learned Senior Counsel Mr. B.B. Naik, assisted by learned counsel Mr. Viral Pandy, appearing for and on behalf of the applicants, Mr. Hitesh N. Acharya, learned counsel appearing for the second respondent -original complainant and Mr. Jay Mehta, learned APP for the State.

3. The facts necessary to appreciate the reliefs claimed by the applicants are that,

4. The applicants herein, by invoking Section 438 of the Cr.P.C., sought their pre-arrest bail in connection with the FIR being C.R. No. I-154 of 2016, registered with Kheda Town Police Station for the offence punishable under Sections 420, 427 and 114 of the Indian Penal Code. This Court, vide its common order dated 20.1.2017, allowed the application. During the course of hearing of the applications, the voluntary statement made by the applicants that, they are ready to deposit the amount of consideration of Rs. 2,73,66,000/- received from the complainant. In the order, the condition No. (g) was imposed, directing the applicants to deposit the said amount with the Registry of this Court within a period of 45 days. The co-ordinate Bench of this Court, in Para-6 of the said order, further observed that as and when the amount is deposited, the Registry of this Court shall transfer it to the Civil Court, Mehmadabad, which shall remain as deposit in connection with the Civil Suits, subject to the rights and contentions of both the parties, in Civil and Criminal proceedings.

5. Dis-satisfied with the condition imposed by the Court to deposit the amount, the applicant herein, file Special Leave to Appeal (Criminal) No. 2812-2813 of 2017. The Apex Court, vide its order dated 7.4.2017, was not inclined to interfere with the condition of the Bail Order and directed the applicant to comply with the order, Resultantly, the Special Leave to Appeal came to be rejected.

6. After the order of the Hon’ble Apex Court, the applicant herein filed a Criminal Misc. Application (for Modification of the Order) No. 25492 of 2017, in Criminal Misc. Application No. 537 of 2017, whereby they sought to modify the condition No.6 of the order dated 20.1.2017. The Co-ordinate Bench of this Court, vide its order dated 8.12.2017, did not agree with the submissions and contentions advanced by the Counsel for the applicants and accordingly, the prayer to return back the deposited amount against the security, was refused and application was rejected.

7. The applicants herein have complied the aforesaid order and the amount so deposited, transmitted to the Civil Court, Mehmadabad, where the Suits are pending between the parties and the same has been invested in the FDR, as directed. Meanwhile, after completion of investigation, the Police has filed a charge-sheet against the applicant before the Judicial Magistrate Court, Mehmadabad, District: Kheda, and it has been culminated into Criminal Case No. 277 of 2019.

8. The applicants herein by invoking inherent jurisdiction of this Court, filed a quashing application, to quash the proceedings of the said Criminal Case. After hearing the parties, the Co-ordinate Bench of this Court vide its order dated 11.1.2022, quashed the criminal proceedings. The second respondent-complainant being aggrieved with the order of quashing, approached the Hon’ble Apex Court by filing Leave to Appeal (Criminal) No. 1062 of 2022, and the same was dismissed on 21.2.2022.

9. In the aforesaid facts and circumstances, the applicants again have prayed that, by directing the Registry of this Court, the amount so deposited would be released, as the impugned FIR and charge-sheet have already been quashed and attained its finality, and in such circumstanc