SANJAY RAMANIKLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.J.K.Shah, learned APP waives service of notice of rule on behalf of respondent - State.

(2.) Present application under Section 439 of the Code of Criminal Procedure has been preferred by the applicant - original accused No.1 of FIR being C.R.No. I- 11191008200084 of 2020 registered with Chandkedha Police Station, District - Ahmedabad City for the offence punishable under Sections 406 and 420 of the Indian Penal Code, for deletion of the condition Nos. 8 and 9 of the order dated 31.07.2020 passed by learned Session Judge, Gandhinager in Criminal Misc. Application No.678 of 2020.

(3.) Mr. Bhatt, learned advocate for the applicant has submitted that the wife of the applicant has filed a Pursis wherein she has undertaken to deposit Rs.12,00,000/- before the trial court, periodically, however, neither the applicant nor his wife is in a condition to deposit the amount. He has further submitted that the Sessions Court has wrongly observed in the order that after deposit of the amount, the same be given to the complainant. He has submitted that no such consent or undertaking has been given by the wife of the applicant. He has further submitted that looking to the allegations made in the FIR, the condition of depositing Rs.12,00,000/- is not required and the same is too harsh and therefore, the conditions are required to be deleted.