MANUBHAI BHUPATBHAI KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It appears from the record that the respondent no.2 has been served with the notice; however, when the matter was called out, none appeared nor any Advocate is representing respondent no.2.

(2.) The present application has been preferred for deletion of conditions of depositing Rs.50,000.00 cash and furnishing solvent surety of Rs.50,000.00 by each of the applicants and not to enter the jurisdiction of Surrendranagar District without prior permission of the Court till the conclusion of investigation; and further seeks deletion of the observation made by the Judicial Magistrate, First Class, Surendranagar in the order dtd. 1/2/2020, whereby it was provided as that breach of any of the conditions, the bail is to be treated as automatically cancelled and the amount so deposited as security to be paid to the complainant.

(3.) Mr. Pawan A. Barot, learned advocate for the applicants submitted that, the condition of depositing cash amount of Rs.50,000.00, each was very onerous. Mr. Barot submitted that by borrowing the money, the applicants had deposited the cash money of Rs.50,000.00 and for procuring the solvent surety, even after granting of bail on 1/2/2020, the applicants had to remain in jail for a further period of three days. He further stated applicants are resident of District Surendranagar and their livelihood is dependent upon doing the agriculture work and as till today the chargesheet has not been filed, thus condition no.2 of not entering Surendranagar District would be harsh thus prayed to be deleted.