I have heard Sri S.P.S. Raghav, learned senior counsel for the respondents- accused and learned A.G.A. in respect of recall application filed on 2.12. 2009 on behalf of the accused persons Ausaf Bhati and Smt. Munni Begum. Accused Ausaf Bhati is personally present before me today. On enquiry being made, he informed the Court that the actual name of Smt. Munni Begum is Smt. Akila Begum. Bail was granted to both the husband and wife by order dated 15.02. 2000 by A.C.J.M.-IInd, Ghaziabad in Crime No. 108 of 2000 under Section 14 of Foreigners Act, P.S. Siihani Gate, District Ghaziabad. Bail cancellation application was filed before A.C.J.M. which was rejected. Two other bail cancellation applications were subsequently filed before Sessions Judge, Ghaziabad, but was also met with the same fate. The respondent-State then moved the bail cancellation application before this Court and in that bail granting order dated 15.02.2000 was cancelled by this Court on 18.02.2003. A recall application was filed by the counsel for the accused for the reasons that his name was not shown in the cause list and therefore he could not mark the case. Vide order dated 16.04.2003, Hon'ble Judge stayed the bail cancellation order dated 18.2.2003. The stay order was passed on 16.04.2003. The cancellation application was again listed in the cause list on 05.06.2006 on which date also nobody appeared and therefore recall application was dismissed in default on that day by this Bench. The outcome of dismissal of the recall application was that bail cancellation order dated 18.02.2003 revived. Another recall application with the prayer to restore the order dated 16.04.2003, therefore, was filed by the present counsel. This is how the matter is before me.
As mentioned above, the accused no. 1 Ausaf Bhati is present and he discloses his present residential address to be as follows: " C-132, Shine Bagh, Jamia Nagar, New Delhi-25".
Since the order dated 18.02.2003 is still effective, I am not inclined to hear the accused without surrendering . I therefore, direct Ausaf Bhati and his wife Smt. Akila Begum alias Munni Begum to surrender before C.J.M. concerned or trial court Ghaziabad by 5th of July, 2010 positively in case Crime No. 108 of 2000, under Section 14 of Foreigners Act, P.S. Singhanigate, District Ghaziabad. The C.J.M. or trial court Ghaziabad is directed to take them in custody and lodged them in jail. Superintendent of District Jail, Ghaziabad, as well as the Doctor of the District Jail, Ghaziabad, is directed to examine both the accused persons. It was informed that Akila Begum is ailing. It will be personal responsibility of Superintendent of District Jail, Ghaziabad as well as Jail Doctor to ensure every possible medical help to both the accused persons for the ailment with which they are suffering without delay. In the event of dereliction of duty, their conduct will be taken to be a non-observance of this order entailing serious consequences in accordance with law against them.
Put up this matter again on 7th of July, 2010 for further argument immediately after lunch.
The C.J.M. or trial court Ghaziabad as well as Superintendent of District Jail, Ghaziabad is directed to inform this Court by fax about the factum of surrender of two accused.
Copy of this order be supplied to concerned counsel on payment of usual charges today itself.
Order Date :- 30.6.2010 Naresh