Vasarambhai Jivabhai Prajapati vs State Of Gujarat
2025 Latest Caselaw 2263 Guj

Gujarat High Court

Vasarambhai Jivabhai Prajapati vs State Of Gujarat on 30 January, 2025

                                                                                                                NEUTRAL CITATION




                             R/CR.MA/1909/2025                                    ORDER DATED: 30/01/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION ORDERS) NO.
                                                1909 of 2025

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                                                 VASARAMBHAI JIVABHAI PRAJAPATI
                                                             Versus
                                                       STATE OF GUJARAT
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                       Appearance:
                       MR APURVA R KAPADIA(5012) for the Applicant(s) No. 1
                       MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
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                            CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                         Date : 30/01/2025

                                                          ORAL ORDER

1. The Applicant has preferred this Application for modification of the condition imposed by the learned 4th Additional Sessions Judge, Ahmedabad Rural while ordering him to enlarge him on anticipatory bail vide order dated 4.01.2025 in Criminal Miscellaneous Application No. 3978 of 2024. The learned Additional Sessions Judge has imposed the following condition upon the present Applicant while ordering him to enlarge on anticipatory bail:

"If the police report filed upon completion of the investigation is against the applicant, then he shall have to apply again for 'bail till conclusion of the trial'; however, for that purpose the applicant 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 Applicant and learned APP Mr. Utkarsh Sharma for the Respondent - State.

                                                                                                                NEUTRAL CITATION




                             R/CR.MA/1909/2025                                  ORDER DATED: 30/01/2025

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

4. Learned Advocate appearing for the Applicant submits 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. 3978 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 / 18