JAGDISHSINH VIKRAMSINH KHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Sec. 482 of the Code of Criminal Procedure to set aside the order cancelling the bail granted to the applicant on the ground of breach of condition. It is the case where the applicant was enlarged on bail by an order dtd. 26/7/2019 in Criminal Misc. Application No.516 of 2019 in connection with an offence being C.R. NoI-.53 of 2019 filed with Nabipur Police Station for offences punishable under Ss. 307 , 325 , 504 , 506(2) of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act. As per the aforesaid order, the condition of bail was imposed where the applicant was not permitted to enter village Shuklatirth.

(2.) It appears that the State has moved Criminal Misc. Application No.738 of 2019 stating that the applicant has committed breach of the aforesaid condition and has entered into village Shuklatirth. This application came to be allowed by impugned order dtd. 4/2/2021 and the bail granted was cancelled.

(3.) Learned advocate Mr. M.M.Saiyed for the applicant submits that the applicant had committed breach of condition to enter the village on the ground of sudden sickness of his mother and thereafter, on the ground of death of the neighbor. It is submitted that during this time, there was no untoward incident reported and therefore, no misuse of liberty was reported. It is further submitted that the Court which granted the bail itself has reconsidered the order and modified the order of bail by deleting such condition. It is submitted that therefore, as on date, the condition of not to enter village Shuklatirth stands deleted.