Gujarat High Court
Shannikumar Bharatbhai Modi vs State Of Gujarat on 7 January, 2023
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/171/2023 ORDER DATED: 07/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 171 of 2023
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SHANNIKUMAR BHARATBHAI MODI
Versus
STATE OF GUJARAT
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Appearance:
MR MAHESH K POOJARA(5879) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 07/01/2023
ORAL ORDER
Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
1. Heard learned advocate Mr. Mahesh Pujara for the applicant.
2. This application is directed against the order of Court below dated 04.08.2022 and 08.09.2022. The applicant is facing the Criminal prosecution for dishonour of cheque. The case is filed by the respondent No.2 is pending before the Additional Chief Judicial, Ankleshwar.
3. Pursuant to the Non-bailable warrant, the applicant was taken into custody by the Trial Court. Thereafter, he Page 1 of 3 Downloaded on : Mon Jan 09 20:48:25 IST 2023 R/SCR.A/171/2023 ORDER DATED: 07/01/2023 had preferred bail application, the learned Trial Court vide order dated 04.08.2022 released the applicant on bail with a condition to deposit 20% of the Cheque amount. The order was carried out to Sessions Court by way of filing Revision Application, the Revisional Court directed the applicant to deposit the same within one month.
4. Being aggrieved by the orders, the applicant has preferred present application.
5. Learned Counsel Mr. Pujara would submit that the Court below has committed an error of law while imposing the condition to deposit the amount.
6. In support of his contentions, strong reliance has been placed on the Judgment of Manoj Kumar Sood & Anr. Vs. State of Jharkhand reported in 2021 0 Supreme(SC) 876, to contend that at the stage of granting bail, the Court cannot direct the accused to deposit the amount as the criminal proceedings are not for realisation of disputed dues.
7. Learned APP vehemently opposed this petition.
8. Having considered the issue of law raised by the applicant and considering the reasons assigned by the Courts below, this Court is of the opinion that both the Page 2 of 3 Downloaded on : Mon Jan 09 20:48:25 IST 2023 R/SCR.A/171/2023 ORDER DATED: 07/01/2023 Courts below committed an error while imposing the condition to deposit the amount. The Condition to deposit the amount is amounting to refusing the bail to the accused.
9. In such circumstances, the impugned orders are not sustainable in law, the Condition No.1 imposed vide order dated 04.08.2022 by the Additional Chief Judicial Magistrate stands deleted and the order dated 08.09.2022 is hereby quashed and set aside. Rule is made absolute.
10. Accordingly, the present application stands disposed of.
(ILESH J. VORA,J) KUMAR ALOK Page 3 of 3 Downloaded on : Mon Jan 09 20:48:25 IST 2023