Gujarat High Court
Bharatbhai Toyabhai Trikambhai Parmar vs State Of Gujarat on 9 September, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING
ORDER(PERTAINING TO BAIL)) NO. 11632 of 2025
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BHARATBHAI TOYABHAI TRIKAMBHAI PARMAR & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DHAIRYA J PATEL(10110) for the Applicant(s) No. 1,2
MR.ADITYA J PANDYA(6991) for the Applicant(s) No. 1,2
NIMIT Y SHUKLA(8338) for the Respondent(s) No. 2
MR RONAK RAVAL ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/09/2025
ORAL ORDER
1. Heard learned advocate Mr. Dhairya Patel appearing for the petitioners, learned Additional Public Prosecutor Mr. Ronak Raval appearing for respondent No.1 - State, and learned advocate Mr. Nimit Shukla appearing for respondent No.2 - original complainant.
2. With the consent of the learned advocates appearing for the respective parties, the matter was taken up for final hearing. Hence, Rule. Page 1 of 7 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:47:47 IST 2025
NEUTRAL CITATION R/CR.MA/11632/2025 ORDER DATED: 09/09/2025 undefined Learned Additional Public Prosecutor appearing for respondent - State, as well as the learned advocate appearing for the complainant, waive service of Rule on behalf of the respective respondents.
3. By way of this petition, the applicants have prayed for quashing and setting aside the judgment dated 16.05.2025 passed by the learned 7th Additional Sessions Judge, Ahmedabad (Rural) at Exh. 8 in Criminal Misc. Application No. 409 of 2025, whereby the bail granted in favour of the present applicants was cancelled and they were directed to surrender.
4. At the outset, learned advocate Mr. Dhairya Patel submitted that the present applicants have not surrendered as the petition was pending before this Court, and therefore, the matter may be taken up out of turn. Since learned advocate Mr. Nimit Shukla and learned Additional Public Prosecutor Mr. Ronak Raval did not object to the said request, the matter was accordingly taken Page 2 of 7 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:47:47 IST 2025 NEUTRAL CITATION R/CR.MA/11632/2025 ORDER DATED: 09/09/2025 undefined up out of turn.
5. The short question involved in this petition is that the present applicants are the accused in respect of an FIR dated 04.11.2024 registered by one Rameshbhai Chikabhai Parmar under Sections 109(1), 115(2), 329(3), 352, 351(3), and 54 of the B.N.S., as well as under Section 135 of the G.P. Act. Pursuant to the registration of the aforesaid FIR, the present applicants were arrested, and upon applying for bail, they were granted bail vide order dated 18.11.2024 passed in Criminal Misc. Application No. 3503 of 2024 by the learned 7th Additional Sessions Judge and Special Atrocity Court, Ahmedabad.
6. While granting bail, the concerned Court imposed certain conditions, and condition No. 5 thereof is relevant for the present purpose, which reads as under:
"(5) The applicants shall not enter within territorial jurisdiction of Bhat village for three months from the date of this order."Page 3 of 7 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:47:47 IST 2025
NEUTRAL CITATION R/CR.MA/11632/2025 ORDER DATED: 09/09/2025 undefined
7. It can be seen that condition No. 5 provides that the applicants shall not enter the territorial jurisdiction of Bhat village for a period of three months from the date of the order, i.e., 18.11.2024.
8. As the complainant alleged that the present applicants had breached condition No. 5, he preferred Criminal Misc. Application No. 409 of 2025 for cancellation of bail. Ultimately, upon hearing the parties, the learned 7th Additional Sessions Judge, Ahmedabad (Rural), vide order dated 16.05.2025 in Criminal Misc. Application No. 409 of 2025, cancelled the bail granted to the present applicants, having found that they had acted in breach of condition No. 5.
9. It is the aforesaid order that is under challenge by way of this petition.
10. Learned advocate Mr. Dhairya Patel submitted that the present applicants have breached the aforesaid condition only once and, Page 4 of 7 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:47:47 IST 2025 NEUTRAL CITATION R/CR.MA/11632/2025 ORDER DATED: 09/09/2025 undefined upon instructions, stated that an undertaking shall be filed to the effect that the present applicants shall not enter the territorial limits of village Bhat until 31.12.2025.
11. Learned Additional Public Prosecutor Mr. Ronak Raval, appearing for the respondent - State, though opposed to this application, and likewise learned advocate Mr. Nimit Shukla, appearing for the original complainant, were informed by the present applicants that the original order restraining them from entering the territorial limits of village Bhat was for a period of three months. The applicants further undertook, on their own volition, that they shall not enter the territorial limits of village Bhat up to 31.12.2025, which is beyond the original period of restraint, at the time this order is being passed on 09.09.2025. Learned advocate Mr. Nimit Shukla, appearing for the original complainant, and learned Additional Public Prosecutor Mr. Ronak Raval, appearing for Page 5 of 7 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:47:47 IST 2025 NEUTRAL CITATION R/CR.MA/11632/2025 ORDER DATED: 09/09/2025 undefined the respondent - State, submitted that, in that case, this Court may quash the order as it adequately addresses the situation envisaged by the concerned Court while imposing the condition restraining the present applicants from entering the territorial limits of village Bhat for a period of three months. Therefore, with the consent of all interested parties, the impugned order is required to be quashed, based on the aforesaid submission of learned advocate Mr. Dhairya Patel, appearing for the applicants. Accordingly, the present applicants are directed to file separate undertakings before this Court as well as before the concerned Sessions Court to the effect that they shall not, under any circumstances, enter the territorial limits of village Bhat until 31.12.2025. Such undertakings are to be filed on or before 12.09.2025 before both this Court and the Sessions Court, and only upon filing of the same shall the present order come into force.
Page 6 of 7 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:47:47 IST 2025
NEUTRAL CITATION R/CR.MA/11632/2025 ORDER DATED: 09/09/2025 undefined
12. Accordingly, the impugned order dated 16.05.2025 passed by the learned 7th Additional Sessions Judge, Ahmedabad (Rural), at Exh. 8 in Criminal Misc. Application No. 409 of 2025 is hereby quashed and set aside on the condition that the present applicants shall not enter the territorial limits of village Bhat until 31.12.2025. In the meantime, they shall not apply for modification or cancellation of the aforesaid condition. The present petition is allowed. Rule is made absolute to the aforesaid extent.
(NIRZAR S. DESAI,J) Pallavi Page 7 of 7 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:47:47 IST 2025