Hitesh Ghusabhai Zalavadiya vs State Of Gujarat
2021 Latest Caselaw 4267 Guj

          R/CR.RA/581/2020                                      ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/CRIMINAL REVISION APPLICATION NO. 581 of 2020
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                       HITESH GHUSABHAI ZALAVADIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR YATISHKUMAR D BACHCHHAV(10513) for the Applicant(s) No. 1
MR PRANAV TRIVEDI APP(2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                               Date : 16/03/2021

                                ORAL ORDER

By way of present revision application under Section 397 of the Code of Criminal Procedure, the petitioner has made the following prayers, more particularly, paragraph 17(A) which reads thus:

"17(A) That the Honourable Court may be pleased to call for the record and proceedings of the Criminal Misc. Application No.1752 of 2020 from the Court of Learned Sessions Judge, Surat, to peruse and examine the same, and after hearing be pleased to quash and set aside the Judgment dated 18 th March, 2020 passed by the Learned Sessions Judge, Surat in Criminal Misc. Application No.1752 of 2020;"

2. Heard learned Advocates appearing for the respective parties.

3. That pursuant to the FIR lodged in question, the petitioner preferred an application for anticipatory bail and came to be released on anticipatory bail vide order dated 16/09/2017 passed in Criminal Misc. (Anticipatory Bail) Application No.6727 of 2017 by the learned 4th Additional Sessions Judge, Surat and while passing the said order, condition No.(g) came to be imposed which reads thus:

"(g) not leave India without the permission of the Trial Court

R/CR.RA/581/2020 ORDER

and if having passport, shall deposit the same before the Trial Court within a week and if he does not have a passport then undertaking to that effect shall be filed within one week before the Trial Court;"

4. The petitioner is going to face the trial for the offences punishable under Section 420 of the Indian Penal Code and under Sections 63, 64 and 65 of the Copy Right Act and under Sections 101 to 105 of the Trade Marks Act, 1999; however as the trial of the case has not been commenced, the petitioner preferred an application before the learned Court below for deletion of condition No.(g) imposed while passing order dated 16/09/2017. However, the said application came to be rejected vide order dated 18/03/2020.

5. As stated at bar, as of now, the trial has not been commenced and no breach of conditions imposed while releasing the petitioner on anticipatory bail is reported, as also no other offences of similar nature also came to be reported against the petitioner. Thus, considering the facts and circumstances of the case, present application deserves to be allowed and the same is allowed. The impugned order dated 18/03/2020 passed by the learned 10th Additional Sessions Judge, Surat in Criminal Misc. Application No.1752 of 2020 is quashed and set aside and the condition No.(g) imposed while releasing the petitioner on anticipatory bail vide order dated 16/09/2017 passed in Criminal Misc. (Anticipatory Bail) Application No.6727 of 2017 by the learned 4th Additional Sessions Judge, Surat is deleted. Rest of the conditions shall remain unchanged.

6. Application stands allowed accordingly.

(S.H.VORA, J) sompura