Gujarat High Court
Nasrat Ali Mohammad Idris Abdul ... vs State Of Gujarat on 9 November, 2020
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/CR.MA/17137/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17137 of 2020
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NASRAT ALI MOHAMMAD IDRIS ABDUL SAMADKHAN
Versus
STATE OF GUJARAT
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Appearance:
RAHUL SHARMA(8276) for the Applicant(s) No. 1
MR JK SHAH APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/11/2020
ORAL ORDER
1. Heard Mr.Rahul Sharma, learned advocate for the applicant and Mr.J.K.Shah, learned APP for the respondent State.
2. By way of this application, the applicant has prayed for modification of condition no. 5(d) and (e) passed by the co-ordinate bench of this Court (Corum - Mr.Justice A.C.Rao) vide order dated 07.07.2020 in Criminal Miscellaneous Application No.4702 of 2020, while enlarging the present applicant on regular bail in connection with the F.I.R being C.R.No.I - 113 of 2017 dated 19.09.2017 registered with Palanpur West Police Station, District - Banaskantha.
3. It is submitted by Mr.Rahul Sharma, learned advocate for the applicant that the modification of condition is sought for on the ground of providing treatment to the wife of the applicant, who is suffering from serious ailment. Mr.Rahul Sharma, learned advocate for the applicant has also drawn attention of this Court to the Page 1 of 3 Downloaded on : Tue Nov 10 20:28:33 IST 2020 R/CR.MA/17137/2020 ORDER certificate at page No.25 whereby weight of the wife of the applicant is shown as 34 kilograms, such weight, according to Mr. Sharma, being reduced on the ground of ailment suffered by her. It is further submitted by Mr.Rahul Sharma, learned advocate for the applicant that for modification of such conditions, the applicant had approached the Sessions Court, Banaskantha, District - Palanpur vide Criminal Miscellaneous Application No.741 of 2020 and whereas, vide order dated 17.10.2020, the learned Sessions Judge, Banaskantha, Palanpur had been pleased to modify the condition to certain extent. The Sessions Court, Banaskantha, Palanpur has vide the said order kept in abeyance the condition no. (d) and (e) of the order dated 07.07.2020 in Criminal Miscellaneous Application No.4702 of 2020 for a period of 6 (Six) months on a condition that the applicant would deposit an amount of Rs.1,00,000/- (In words Rupees One Lac Only) with the Sessions Court. Mr.Rahul Sharma, learned advocate for the applicant has submitted that even the modified conditions are so onerous that trying to follow the said conditions would result into severe hardship to the applicant inasmuchas he would not be able to leave Palanpur for treatment of his wife, which is the main cause of the present application.
4. Mr.J.K.Shah, learned advocate for the respondent State opposes the present application. Considering the facts and circumstances of the case and considering the fact that the present applicant was in custody from September-2017 till his release vide order dated 07.07.2020 by this Court and considering the certificate at page no.25, I am inclined to allow the present application by modifying the order dated 17.10.2020 passed by the Sessions Court to the extent that instead Page 2 of 3 Downloaded on : Tue Nov 10 20:28:33 IST 2020 R/CR.MA/17137/2020 ORDER of depositing Rs.1,00,000/- (In words Rupees One Lac Only) with the Sessions Court, Banaskantha, Palanpur, the applicant is directed to deposit Rs.10,000/- (In words Rupees Ten Thousand Only), subject to the condition that the applicant would mark his presence at Palanpur West Police Station, District - Banaskantha once in a month for a period of 6 (Six) months. The applicant shall mark his presence 1st to 7th day of each English Calender month. The rest of the conditions of the order passed by the Sessions Court, Palanpur, Banaskantha stand deleted.
The order of the learned Sessions Court, Palanpur, Banaskantha stands modified to the above extent.
5 Writ may be issued accordingly. The present application is disposed of in the above terms. Copy of the order be sent through electronic mode etc. (NIKHIL S. KARIEL,J) SINDHU NAIR Page 3 of 3 Downloaded on : Tue Nov 10 20:28:33 IST 2020