Gujarat High Court
Imran Mahmadhusen Dholiya vs State Of Gujarat on 12 February, 2024
NEUTRAL CITATION
R/SCR.A/14177/2023 ORDER DATED: 12/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF
CONDITION) NO. 14177 of 2023
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IMRAN MAHMADHUSEN DHOLIYA
Versus
STATE OF GUJARAT
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Appearance:
for the Applicant(s) No. 1
MR.MINHAJ M SHAIKH(6847) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/02/2024
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for the
respondent-State.
2. The present petition is filed by the petitioner seeking the
following reliefs:
"a. Rule be issued.
b. Your Lordship be pleased to quash and set aside the
impugned judgment and order dated 27.09.2023 passed by
the Ld. Sessions Court, Gandhidham-Kachchh in Cr. Misc.
Application No.501 of 2023.
c. Your Lordship be pleased to modify and relax the
condition no.3(i) imposed by the Ld. Sessions Court, in Cr.
Revision Application No.11 of 2023 vide its final order dated
16.05.2023 and the applicant may kindly be permitted to
submit the solvent surety as well as indemnity bond instead
NEUTRAL CITATION
R/SCR.A/14177/2023 ORDER DATED: 12/02/2024
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of Bank Guarantee and order, direction may kindly be
pleased to be passed to secure the ends of justice and
equity.
d. Any other suitable relief be pleased to be passed."
3. The present applicant had filed application being Criminal
Revision Application No.11 of 2023 before the Sessions Judge,
Gandhidham-Kachchh, which came to be allowed subject to
furnish a bank guarantee to the tune of Rs.97,70,000/- to the
Court of learned Trial Court, Gandhidham. The Coordinate
Bench of this Court by order dated 30.06.2023, in Special
Criminal Application No.7881 of 2023 in paragraph No.3 has
observed as under:
"Having heard learned advocate for the applicant and
having considered the averments made in the application, I
am of the opinion that present application requires
consideration. Accordingly, the same is allowed. The
condition no.5 imposed by the learned Additional Sessions
Judge, Gandhidham- Kachchh in order dated 16.05.2023 in
Criminal Revision Application No.14 of 2023 of furnishing
bank guarantee to the tune of value of the muddamal cash
is hereby modified to the extent that the applicant shall
furnish a solvent surety of the like amount of the value of
the muddamal cash released by the learned Trial Court. The
remaining conditions imposed in order dated 16.05.2023
shall remain as it is."
4. In view of above, the condition No.3(i) is hereby modified to
the extent that the applicant shall furnish a solvent surety to the
NEUTRAL CITATION
R/SCR.A/14177/2023 ORDER DATED: 12/02/2024
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tune of Rs.97,70,000/- to the Court of learned Trial Court,
Gandhidham, subject to the satisfaction of the learned trial
Court. The remaining part of the order is not interfered with.
5. With the aforesaid direction, the present petition stands
disposed of accordingly. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
ALI
