SHABIR GULAM KORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, the applicant has prayed to quash and set aside the order dtd. 24/5/2019 passed by the Court of learned Sessions Judge, Bharuch in Criminal Misc. Application No.355 of 2019 whereby, the said application has been rejected.

(2.) The applicant was arrested in connection with the complaint being C.R. No. I - 09 of 2019 registered with Bharuch Rural Police Station. He had preferred application under Sec. 439 of Cr.P.C. before the trial Court concerned in Criminal Misc. Application No.220 of 2019, which came to be allowed vide order dtd. 1/4/2019 on certain terms and conditions. One of the conditions imposed in the bail order was that the applicant-accused should not enter the geographical limits of Village : Dayadara till the conclusion of trial, except with the permission of the trial Court. The applicant had preferred Criminal Misc. Application No.355 of 2019 before the trial Court seeking modification / deletion of the above condition. However, the said application came to be rejected by way of the impugned order. Hence, this application.

(3.) Before this Court, learned advocate Mr. Mangukiya appearing for the applicant submitted that the mother of the applicant is a senior citizen and that his father has also been made a co-accused in the case, who has also been imposed with similar condition. Therefore, his mother is residing alone in the Village. He submitted that there is nobody to look after his mother and that he is the only earning member of his family. The applicant is suffering great hardships on account of the condition imposed by the trial Court as he is unable to look after her mother in her old age and is said to be suffering from different ailments. It was, therefore, urged that the said condition may be suitably modified or deleted.