Relying on the affidavit-in-reply filed by the Police In-Charge, Umreth, Police Station this Court passed an order on 10.02.2012, and after recording certain part of the said affidavit-in-reply, this Court directed the Registry to verify those details mentioned in the order itself, and called for a report of learned Judicial Magistrate, First Class, Umreth with regard to the status of the M.Case No. 2/2004. It appears that by report dated 18.2.2012, learned Principal Civil Judge and learned J.M.F.C., Umreth submitted a report with regard to the status of the case, and has mentioned that the accused was released on bail as per order of this Court dated 13.07.2006 passed in Criminal Misc. Application No. 4152/2006 and thereafter, the accused did not remain present at the time of commencement of the trial. The report also indicates that the warrant was issued and notice was also issued on surety. Though the warrant was issued, it is returned without service and the report also shows that the surety, though served, did not remain present before the Court.
If the affidavit of P.S.I. is perused, it appears that, when the accused was released on bail, the amount as directed by this Court was not paid nor the accused gave any surety to the tune of Rs. 3 lacs each to the satisfaction of the Trial Court as per the order of this Court.
In view of the above, it appears that the report submitted by learned Judicial Magistrate, First Class, Umreth, the Registry is directed to call for detailed report of the concerned Magistrate which would reflect as under:
1. Whether an amount of Rs. 15,000/- was deposited by the accused ? If yes, any receipt was produced before the Court.
2. Whether the accused gave any solvent surety of Rs.3 lacs as per condition No. 2 of the order dated 13.07.2006 ?
If the above two conditions were not satisfied, under what circumstances, the accused was released on bail.
S.O.
to 2nd November, 2012.
( A.J. DESAI, J. ) Ashish N.