Gujarat High Court
Nanjibhai Lakhabhai Shiyal vs State Of Gujarat on 20 January, 2022
Bench: B.N. Karia
R/CR.RA/546/2021 ORDER DATED: 20/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 546 of 2021
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NANJIBHAI LAKHABHAI SHIYAL
Versus
STATE OF GUJARAT
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Appearance:
MR. NIKHIL R OZA(9911) for the Applicant(s) No. 1
MS. KRUTI M SHAH(2428) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
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
13.07.2021 for releasing muddamal vehicle Tractor-cum-Trolly
bearing Registration No.GJ-23-AN-6922 passed by the learned
2nd Additional District and Sessions Judge, Kodinar in
Criminal Misc. Application No.34 of 2021.
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/546/2021 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
order dated 13.07.2021 for releasing muddamal vehicle
Tractor-cum-Trolly bearing Registration No.GJ-23-AN-6922
passed by the learned 2nd Additional District and Sessions
Judge, Kodinar in Criminal Misc. Application No.34 of 2021 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 order dated 13.07.2021
for releasing muddamal vehicle Tractor-cum-Trolly bearing
Registration No.GJ-23-AN-6922 passed by the learned 2 nd
Additional District and Sessions Judge, Kodinar in Criminal
R/CR.RA/546/2021 ORDER DATED: 20/01/2022
Misc. Application No.34 of 2021 shall be modified to the
aforesaid extent and present petition stands disposed of.
Remaining conditions imposed in the order dated 13.07.2021
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/
