Kalubhai Bhikhabhai Vala vs State Of Gujarat
2022 Latest Caselaw 704 Guj

     R/CR.RA/777/2021                                   ORDER DATED: 20/01/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 777 of 2021

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                          KALUBHAI BHIKHABHAI VALA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MS. KRUTI M SHAH(2428) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                               Date : 20/01/2022

                                ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule for

and on behalf of the respondent - State.

2. By way of the present petition, the petitioner has prayed

to modify/delete conditions imposed in the order dated

25.03.2021 for releasing muddamal vehicle Dumber bearing

Registration No.GJ-01-CY-2990 and one loader bearing

Registration No.GJ-14-AG-0427 passed by the learned 2nd

Additional Chief Judicial Magistrate Court, Amreli in

Muddamal Application No.579 of 2020.

3. Learned APP for the respondent - State has objected the

prayer made in the application and has relied upon the

judgment in the case of Jhala Ghanshyamsinh Mobatsingh

R/CR.RA/777/2021 ORDER DATED: 20/01/2022

Vs. State of Gujarat reported in 2017 JX (Guj.) 1042. Hence,

it is requested by learned APP for the respondent - State to

dismiss this application.

4. I have heard learned advocate for the applicant as well as

learned APP for the respondent - State and gone through the

averments made in the application, the condition imposed in

in the order dated 25.03.2021 for releasing muddamal vehicle

Dumber bearing Registration No.GJ-01-CY-2990 and one

loader bearing Registration No.GJ-14-AG-0427 passed by the

learned 2nd Additional Chief Judicial Magistrate Court, Amreli

in Muddamal Application No.579 of 2020 of furnishing

unconditional bank guarantee to the tune of 1.5 times of the

value of the vehicle with bail and bond of the same amount

within 15 days shall be modified to the extent that the

applicant shall produce solvent surety of Rs.50,000/ instead

of furnishing unconditional bank guarantee to the tune of 1.5

times of the value of the vehicle and with bail and bond of the

same amount.

5. With the above observations, the in the order dated

25.03.2021 passed by the learned 2nd Additional Chief Judicial

Magistrate Court, Amreli in Muddamal Application No.579 of

R/CR.RA/777/2021 ORDER DATED: 20/01/2022

2020 shall be modified to the aforesaid extent and present

petition stands disposed of. Remaining conditions imposed in

the order dated 25.03.2021 shall be remained as it is. Rule is

made absolute to the aforesaid extent.

6. Registry to communicate this order to the concerned

Court/authority through Fax and Email.

(B.N. KARIA, J) rakesh/