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This is an archive article published on February 16, 1999

Adani lawyers to move HC for bail

BHUJ, Feb 15: There was drama in the court of Additional Sessions Judge A C Modi on Monday when the lawyers of Rajesh Adani and H K Gupta...

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BHUJ, Feb 15: There was drama in the court of Additional Sessions Judge A C Modi on Monday when the lawyers of Rajesh Adani and H K Gupta of Adani Exports Ltd filed a bail application and later sought to withdraw it.

On Sunday, Bhuj chief judicial magistrate J D Mogal had rejected the bail plea of Adani and Gupta, accused of duty evasion were taken into custody on Friday.

short article insert The lawyers of the accused would now move the Gujarat High Court for the bail. The accused had presented a fresh application in the sessions court here through their lawyer Bharat Dholakia, aided by a half dozen other counsels at the opening of the court on Monday. But the special prosecutor for the Customs, Ratnakar Dholakia sought the adjournment of hearing till Wednesday (Feb 17) on the grounds that he had received notice only at 9.30 am this morning, that he was required to appear in TADA court at Ahmedabad on Tuesday. He also said that all papers were yet to come from the Directorate of Revenue Intelligence at Ahmedabad and Gandhidham. Upon this, Sessions Judge Modi fixed the hearing for Wednesday.

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However, since this not acceptable to the accused, the defence counsel immediately moved an application in Modi’s court seeking withdrawal of their first application saying that they would move the High Court for the bail. The judge after hearing both the parties said that since this was their right, they can approach the HC.

Meanwhile, Adani and Gupta have been admitted to the Government Hospital. Within hours after the rejection of their bail application by the CJM and their being lodged in the special jail here, the accused complained of backache (Adani) and heart problem (Gupta).

They have been lodged in the Special Ward number four, meant for VVIPs. Though the accused were hospitalised 24 hours ago, their complaints were yet to be diagnosed. “They are under observation,” was a reply from sources.

In fact, the medical ground was one of the points in their bail application and this was rejected by CJM Mogal. Touching this point in his 14-page order, the CJM observed that when such people commit crime their illness does not come in their way, but when they are caught they advance this ground. He said that he did not deem it fit to release the accused on such grounds.

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On their second submission that they had already paid due customs duty, the CJM said that since they had done it after committing the crime, this plea was not tenable.

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