Manish @ Zado Popatbhai Koli ... vs State Of Gujarat

                                                                                     NEUTRAL CITATION




     R/CR.A/1998/2023                                  ORDER DATED: 25/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL APPEAL NO. 1998 of 2023

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                 MANISH @ ZADO POPATBHAI KOLI PARMAR
                                 Versus
                           STATE OF GUJARAT
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Appearance:
RAFIK LOKHANDWALA(5590) for the Appellant(s) No. 1
PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                  Date : 25/08/2023

                                   ORAL ORDER

1. Rule. Learned Additional Public Prosecutor Mr.L.B.Dabhi waives service of notice of Rule on behalf of respondent State.

2. The present application is filed seeking modification of the condition imposed upon the applicant while releasing the applicant on regular bail vide order dated 26.06.2023 passed by the learned Special Atrocity Court and 2nd Additional Sessions Judge, Morbi in Criminal Miscellaneous Application No.586 of 2023 subject regarding deposition of fine of Rs.25,000/- and the surety of the like amount.

NEUTRAL CITATION R/CR.A/1998/2023 ORDER DATED: 25/08/2023 undefined

3. Heard learned advocates for the respective parties.

4.1 Having heard learned advocates for the parties and having perused the order, this Court finds that the condition imposed of deposition of Rs.25,000/- and the surety of like amount is onerous as for petty offence the Court normally does not impose such stringent condition while releasing the accused on bail which amounts to violation of Article 21 of the Constitution of India.

4.2 This Court has also occasion to go through the various orders and judgments whereby such stringent condition/s which affect the right as envisaged under Article 21 of the Constitution of India is/are modified. Those judgments are as follow:

(i) Order dated 03.01.2023 passed in Criminal Appeal No.120 of 2023 (@ SLP (CRIMINAL) NO.9756/2022) in the case of Guddan @ Roop Narayan vs. State of Rajasthan;

NEUTRAL CITATION R/CR.A/1998/2023 ORDER DATED: 25/08/2023 undefined

(ii) In case of Sandeep Jain vs. National Capital Territory of Delhi, (2002) 2 SCC 66;

(iii) In case of Munish Bhasin and others vs. State (Government of NCT of Delhi) and another; (2009) 4 SCC 45;

(iv) In case of Moti Ram & Ors. vs. State of M.P.; AIR 1978 (SC) 1599; and

(v) In case of Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar; AIR 1979 (SC) 1360.

5. In view of above and in view of law laid down by the Hon'ble Apex Court, this Court deems it proper to delete the condition imposed upon the applicant while releasing the applicant on regular bail vide order dated 26.06.2023 passed by the learned Special Atrocity Court and 2nd Additional Sessions Judge, Morbi in Criminal Miscellaneous Application No.586 of 2023 and if the applicant is not released on bail on account of imposition of such condition, resultantly, he Page 3 of 4 Downloaded on : Sun Sep 17 02:30:55 IST 2023 NEUTRAL CITATION R/CR.A/1998/2023 ORDER DATED: 25/08/2023 undefined is ordered to be released forthwith looking to the catena of decisions of Hon'ble Apex Court.

6. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR,J) MISHRA AMIT V.