Karsanbhai Karmanbhai Bharvad vs State Of Gujarat
2025 Latest Caselaw 2261 Guj

Gujarat High Court

Karsanbhai Karmanbhai Bharvad vs State Of Gujarat on 30 January, 2025

                                                                                                                NEUTRAL CITATION




                             R/CR.MA/1912/2025                                    ORDER DATED: 30/01/2025

                                                                                                                undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS)
                                                 NO. 1912 of 2025

                       ==========================================================
                                         KARSANBHAI KARMANBHAI BHARVAD & ORS.
                                                        Versus
                                                  STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       MR APURVA R KAPADIA(5012) for the Applicant(s) No. 1,2,3
                       MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
                       ==========================================================

                            CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                        Date : 30/01/2025

                                                          ORAL ORDER

1. The Applicants have preferred this Application for modification of the condition imposed by the learned 4th Additional Sessions Judge, Ahmedabad Rural while ordering him to enlarge them on anticipatory bail vide order dated 4.01.2025 in Criminal Miscellaneous Application No. 3979 of 2024. The learned Additional Sessions Judge has imposed the following condition upon the present Applicants while ordering him to enlarge on anticipatory bail:

"If the police report filed upon completion of the investigation is against the applicants, then they shall have to apply again for 'bail till conclusion of the trial'; however, for that purpose the applicants shall be deemed to be in judicial custody and shall not be required to surrender before making the fresh bail application."

2. Heard learned Advocate Mr. Apurva R. Kapadia for the Applicants and learned APP Mr. Utkarsh Sharma for the Respondent - State.

                                                                                                                NEUTRAL CITATION




                             R/CR.MA/1912/2025                                  ORDER DATED: 30/01/2025

                                                                                                               undefined

3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

4. Learned Advocate appearing for the Applicants submit that the condition imposed by the learned Additional Sessions Judge is contrary to the judgment of the Hon'ble Apex Court in case of Sushila Aggarwal v. State (NCT of Delhi), reported in 2020(5) SCC 1. He therefore submitted to allow the Application.

5. Learned APP has opposed the Application and prayed to dismiss the Application.

6. The condition imposed by the learned Additional Sessions Judge, Ahmedabad Rural in Criminal Misc. Application No. 3979 of 2024 dated 4.01.2025 is contrary to the law laid down by the Hon'ble Apex Court in several judgments including the judgment in case of Sushila Aggarwal (supra).

7. Having regard to the same, the Application deserves consideration. The same is hereby allowed. The condition aforestated in paragraph 1 above is ordered to be deleted. Rest of the conditions shall remain as it is.

8. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 19