Gujarat High Court
Iqbalbhai Rehmanbhai Vohra (Mohammed ... vs State Of Gujarat on 10 December, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/23535/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF
ORDERS) NO.23535 of 2015
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IQBALBHAI REHMANBHAI VOHRA (MOHAMMED IQBAL HAJI REHMANBHAI
VORA)....Applicant
Versus
STATE OF GUJARAT....Respondent
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Appearance :
MR PARTHIV A BHATT, ADVOCATE for the Applicant.
MR L.B. DABHI, APP for the Respondent.
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 10/12/2015
ORAL ORDER
1. Rule. Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of rule on behalf of respondent - State.
2. By way of the present application, the applicant seeks deletion of condition imposed by the learned 2nd Additional Sessions Judge, Nadiad vide order dated 21.10.2015 passed in Criminal Misc. Application No.689 of 2015 by which while granting anticipatory bail to the applicant, the learned Trial Court has directed the applicant to deposit an amount of Rs.5,000/- before the Trial Court.
2. Mr. Parthiv A. Bhatt, learned advocate appearing for the applicant would submit that considering the offence alleged against the applicant, such condition imposed by the learned Trial Court is irrelevant and unwarranted. He, therefore, would submit that the applicant be allowed.
3. Mr. L.B. Dabhi, learned Additional Public Prosecutor Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Dec 11 02:28:15 IST 2015 R/CR.MA/23535/2015 ORDER appearing for the State has opposed this application.
4. I have heard learned advocates appearing for the respective parties and perused the FIR. I have also considered the decision of the Hon'ble Supreme Court reported in the case of Munish Bhasin and others v. State (Government of NCT of Delhi) and another, (2009) 4 SCC 45. Considering the said decision, I am of the opinion that the present application requires consideration and is accordingly allowed. The condition imposed by the learned 2nd Additional Sessions Judge, Nadiad vide order dated 21.10.2015 passed in Criminal Misc. Application No.689 of 2015 by which the learned Trial Court has directed the applicant to deposit an amount of Rs.5,000/- before the Trial Court is hereby deleted. Rest of the conditions are not disturbed. Rule is made absolute to the above extent. Direct service is permitted.
(A.J.DESAI, J.) Savariya Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Dec 11 02:28:15 IST 2015