ANIL BALKRISHNA MANDHANIA Vs. ABHISHEK ANANDBHAI MANDHANIA

JUDGEMENT

(1.) This application is filed on behalf of original complainant for recall of an order dtd. 31/3/2021 passed in Criminal Misc. Application (Modification/Deletion of Condition) No.01 of 2021 in Criminal Misc. Application No.2905 of 2021.

(2.) The order dtd. 31/3/2021 was passed modifying the condition No.9(g) of order dtd. 19/2/2021 passed in the main matter. The condition stipulated was not to enter Ahmedabad City till filing of the charge-sheet except for marking presence and for attending the trial.

(3.) Learned advocate for the applicant submits that since the applicant is de-facto complainant of the offence being C.R.No.I-11191020201459 of 2020 with Vastrapur Police Station for the offence punishable under Ss. 406 , 420 , 465 , 467 , 468 , 471 , and 120(B) of the Indian Penal Code and in that capacity the complainant had filed his appearance through the advocate and objected the grant of bail. It is also submitted that the specific condition was imposed only upon the insistence of the complainant especially raising an apprehension of tampering or destroying of the evidence as the charge-sheet is yet to be filed. Learned advocate for the applicant submits that as the applicant was permitted appearance at the time of passing of order in bail application, the applicant was necessary party and ought to have been made a party respondent even when the condition of deletion application was heard by this Court. It is submitted that it will be impossible for the learned advocate to keep a track for the matter after the bail application was over to find out whether any other application is moved in the main matter. Had the applicant been aware of, the applicant would have pointed out the circumstance which necessitated continuance of such condition.