Gujarat High Court
Manish @ Zado Popatbhai Koli ... vs State Of Gujarat on 25 August, 2023
Bench: Hasmukh D. Suthar
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
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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
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(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
NEUTRAL CITATION
R/CR.A/1998/2023 ORDER DATED: 25/08/2023
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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.
