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TMI Blog2017 (5) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... on (Quashing) No. 1790 of 2017 - - - Dated:- 28-4-2017 - J. B. Pardiwala, J. Mr. P.M. Thakkar, Senior Advocate With Mr Chetan K Pandya, Advocate for the Applicant Chintan H Dave, Advocate for the Respondent ORDER 1. By this application under Article 227 of the Constitution of India, the applicants accused persons have prayed for the following reliefs: 40 (a) To issue a writ of mandamus or a writ of certiorari or any other appropriate writ, order or direction, directing to quash and set aside an order dated 22/02/2017 passed in Criminal Revision Application No.111 of 2016 by the Hon'ble Sessions Court, Court No.8, Rajkot at Annexure-H. (b) To issue a writ of mandamus or a writ of certiorari or any other appropriate writ, order or direction, directing to enlarge the petitioners on regular bail in connection with File No.DGCEI/RRU/1501/ 201617 registered with Directorate General of Central Excise Intelligence, Rajkot Regional Unit, Rajkot. (c) Pending admission, final hearing and disposal of this application, to stay implementation and operation of the order dated 22/02/2017 passed in Criminal Revision Application No.111 of 2016 by the Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne : Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court such imprisonment shall not be for a term of less than six months; (ii) in any other case, with imprisonment for a term which may extend to three years or with fine or with both. (4) Further, the offence committed by Shri Anilbhai Nanjibhai Surani, Partner in M/s. Lexona Ceramic, PipliJetpar Road, Morbi is found to be cognizable and nonbailable in terms of S.9A(1A) of the Central Excise Act, 1944 because the offences committed by Shri Anilbhai Nanjibhai Surani is covered under S.9(1)(b) of the Central Excise Act, 1944. For the sake of clarity, the relevant provisions as detailed under S.9(1) of the Central Excise Act, 1944 is being reproduced herein below: Whoever commits any of the following offences, namely : (b) evades the payment of any duty payable under this Act; (bb) removes any excisable goods in contravention of any of the provisions of this Act or any rule made thereunder or in any way concerns himself with such removal; (bbb) acquires possession of, or in any way concerns himself in transporting, deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents, returnable on 13/04/2017. Ms. Thakore, the learned Additional Public Prosecutor waives service of notice for and on behalf of the respondent no.1State of Gujarat. Direct service for respondent no.2. Let there be an adinterim order in terms of Para40( c). Notify the matter on top of the board. 4. Thereafter on 20/04/2017 the following order was passed: Affidavit of Ram Singh Shekhawat S/o Shri Keshar Singh Shekhawat, aged 43 year, residing at Rajkot and working as Deputy Director, Directorate General of Cnetral Excise Intelligence, Regional Unit, Rajkot is taken on record. Rule returnable on 28th April, 2017. Ms. Nisha Thakore, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1State. Mr. Chintan H. Dave, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2. Interim relief granted earlier to continue till the final disposal of this application. 5. Mr. P.M.Thakkar, the learned senior counsel assisted by Mr. Chetan Pandya, the learned counsel appearing for the applicants vehemently submitted that in the first place, the criminal re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It cannot be doubted that the grant or refusal of a bail application is essentially an interlocutory order. There is no finality to such an order for an application for bail can always be renewed from time to time.... There is no finality attached to an order of a Designated Court granting or refusing bail. Such application for bail can always be renewed from time to time. That being so, the contention advanced on behalf of the Government that the impugned orders refusing to grant bail were not interlocutory and therefore appealable cannot be accepted. 10. Relying on the above decision, the Bombay High Court in the case of Mohan alias Mannu Basantani v. State of Maharashtra, 1989 Mah. L.R. 1556 ruled as follows : The order granting or refusing bail is an interlocutory order and in view of subsection (2) of section 397 the revisional powers could not be exercised in respect of such interlocutory order. 11. Similarly, the Bombay High Court in the case of The State of Maharashtra v. Namdeo Raoji and others, (1991)1 Mah. L.R. 379, held that orders of bail are essentially interlocutory orders and the revision is barred under section397( 2) of the Cr. P.C. The above d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y will have to issue showcause notice and initiate the adjudication proceedings. Be that as it may, even the balance amount of about ₹ 95 lac would be paid by the applicants in equal monthly installments of ₹ 10 lac, as submitted by the learned senior counsel. 14. In the overall view of the matter, I am convinced that the revisional court committed an error in passing the impugned order and cancelling the bail granted by the learned Judicial Magistrate, Rajkot to the applicants. The impugned order accordingly is quashed. The order passed by the learned Judicial Magistrate, Rajkot is afirmed and the applicants are directed to comply with the terms and conditions as laid down by the learned Chief Judicial Magistrate, Rajkot in the order. As submitted from next month onwards, the applicants shall start depositing ₹ 10,00,000/( Rupees Ten Lac Only) in equal monthly installments with the Department. Ofcourse, this will be without prejudice to their rights and contention and without in any manner admitting the alleged evasion of the excise duty. 15. With the above, this application is disposed of. Rule is made absolute to the aforesaid extent. Direct service is pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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