Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 1623 /N/ 2018.
Mr. Peter Purapurayeil Thomas.
Mr. Sunil Purapurayeil Thomas.
… Applicant.
V/s.
Sr. Inspector of Police,
(Powai Police Station) ...Respondent.
ORDER BELOW EXH.1
Read the application, say of P. I. of Powai police
station. Heard Ld. Counsel for applicants, at length.
2. Ld. Counsel for applicants argued that, the
applicants have applied for Anticipatory Bail before
Honourable Sessions Court, the same was allowed and
Honourable Sessions Court pleased to release applicants on
bail on furnishing P. R. Bonds of `.1,00,000/ each with
surety in like amount and on the condition that they shall
furnish bank guarantee of `.10,00,000/ each of the
Nationalized Bank in favour of Sr. P. I. of Powai police
station for the period of three years and further period till
conclusion of the trial, within four weeks.
3. The applicants have challenged the said order
before Honourable Bombay High Court, wherein
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C. C. No. : 1623 /N/ 2018. ~2~
Honourable High Court modified the order and it was
directed to the applicants to furnish the bank guarantee of
`.2,50,000/ each of a Nationalized Bank in terms of the
direction issued by the Honourable Sessions Court.
4. In lieu of that, applicants have furnished bank
guarantee of Union Bank of India, Mulund Branch, which
was valid from 13/10/2005 to 12/10/2008. Ld. Counsel for
applicants further argued that, trial is not concluded and
maximum period of bank guarantee is for a period of 10
years, same was expired on 12/10/2018 and applicants
have furnished fresh bank guarantee valid from 12/10/2018
to 12/10/2019, same issued by Union Bank of India, Powai
branch. He argued earlier two bank guarantees of
`.2,50,000/ each were as per the direction of the court and
as the bank validity period is over and the trial is not yet
concluded, therefore, prayed for direction to Powai police
station to return the said bank guarantee to the applicants.
5. Powai police station have submitted say and
admitted fact, as alleged by the applicants and prayed for
appropriate order.
6. The question arises, whether this court is
empowered to order the return of the bank guarantee, as
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C. C. No. : 1623 /N/ 2018. ~3~
prayed by the applicants, when the order of furnishing the
bank guarantee were passed by Honourable High Court and
Honourable Sessions Court. I am of view that, as the orders
were passed by higher court, this court is not empowered to
pass the order, as prayed by the applicants. Therefore, the
prayer made by applicants required to be rejected, hence, it
is rejected.
Mumbai.
Dated : 27/02/2019.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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