The Allahabad High Court directs District Judge Mathura to seek explanation from the CJM and submit a report as to why he did not respect the clear order of the Court.
A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a Criminal Misc Bail Application filed by Saurav Kumar.
The Court noted that,
On January 09, 2024, Counsel for the applicant extended willingness of the applicant to deposit misappropriated amount of Rs 4,46,000/- during the course of investigation. Out of the said amount, Rs 2 Lakh was undertaken to be deposited within one month.
Acceding the said request, the Court ordered that the applicant shall be released on interim bail and the amount of Rs 2 Lakh undertaken to be deposited shall be kept in interest bearing account of Nationalized Bank.
In said order, counsel for the applicant was expected to file an affidavit with respect to payment of amount as undertaken by him on the next date fixed i.e 12.02.2024.
The case was taken up on 20.02.2024. On the said date, counsel for the applicant filed a supplementary affidavit bringing on record an order passed by Chief Judicial Magistrate, Mathura dated 16.01.2024, which shows that the concerned court has failed to record the fact pertaining to deposit of Rs 2 Lakh before it, thus the Court passed the following order:
“In compliance of previous order of the Court dated 09.01.2024, counsel for the applicant has placed a supplementary affidavit, wherein at Page-10 an order dated 16.01.2024 passed by the Chief Judicial Magistrate, Mathura has been brought on record, but the same does not find mention about the fact that the amount of Rs 2 lakh as directed by the court has been deposited before the court. Nothing is clear from Page-11 also, as to whether the deposit has been made or not.
As prayed, two weeks further time is granted to counsel for the applicant to file an affidavit.
The applicant shall move an application before the concerned court, who will rectify the mistake and pass appropriate orders mentioning, whether the amount has been deposited by the applicant in view of the directions of the Court dated 09.01.2024, or not.
Put up this case on 06th March, 2024, as fresh. Till then, the applicant shall remain on interim bail. “
The Court further noted that,
In the afore-quoted order dated 20.02.2024, the applicant was directed to move an application before the concerned Court, who was required to rectify the mistake and pass appropriate orders in compliance of previous order dated 09.01.2024.
On March 06, Counsel for the applicant showed original copy of Fixed Deposit before the Court, stating at the Bar, that concerned C.J.M has returned it and placed a photocopy of the said FD on record of the case, copy whereof is appended at Supplementary Affidavit dated 04.02.2024, therefore, the applicant has obeyed the undertaking advanced on his behalf before the Court.
The Court said that, it is astonishing that, though the order dated 09.01.2024 speaks coherently with respect to deposit of the amount of Rs 2 Lakh, as undertaken by the applicant, and was directed to be kept in an interest bearing account of Nationalized Bank, the CJM has failed to care the directions issued therein, and returned original FD to the applicant. The CJM has hurriedly and in casual manner proceeded to grant interim bail to the applicant sans recording satisfaction with respect to the deposit of amount undertaken before the Court. Such anxiety and understanding of the CJM in releasing the applicant and failing to acknowledging the spirit of the order of the Court, is not appreciable. The discretion exercised by the CJM amounts to modification in the order of the Court which cannot be regarded.
The Court directed the District Judge, Mathura to call for an explanation from the C.J.M, Mathura and place the comments accordingly before the Court by the next date.
“However, in case, the applicant moves an application in compliance of earlier order of the Court, before the concerned District Judge on 14.03.2024, along with fixed deposit of Rs 2 Lakh to be deposited before the trial Court, the District Judge concerned shall pass an appropriate order clarifying that the amount is deposited and same has been kept in some interest bearing scheme of Nationalized Bank.
In case, the applicant fails to appear before the District Judge, Mathura on 14.03.2024 along with application and draft of Rs 2 Lakh, it is directed that the interim bail granted to him shall stand cancelled automatically and he be arrested immediately”, the order reads.
The Court has fixed the next hearing of the petition on 18th March, 2024.