TURABBHAI ABDULHUSAIN PATENT Vs. AJAGARALI ONALI LOKHANDWALA

JUDGEMENT

(1.) Both the present petitions arise out of the order dated 28-11-2000 passed by the Court of learned Sessions Judge, Panchmahals in Criminal Misc. Application No.964 of 2000, whereby the accused Ajagarali Onali Lokhandwala, opponent No.1 herein is ordered to be released on bail. The petition being Criminal Misc. Application No.7542/2000 is preferred by the State for cancellation of bail, whereas for the same relief of cancellation of bail the original complainant has preferred Criminal Misc. Application No.7163/2000. Since the facts are interconnected, they are being dealt with together.

(2.) The short facts of the case appears to be that a complaint came to be filed under Sections 302, 307, 325 and 114 of IPC read with 135 of BP Act. in connection with the offences registered vide Crime Register No.I-314/2000 of Godhra Police Station. The bail application was submitted by Opponent No.1 together with his son, Husain Ajgarali Lokhandwala, and the learned Sessions Judge heard the matter and partly allowed the application, whereby applicant No.1 i.e. opponent No.1 herein was released on bail, whereas application of applicant No.2 therein was rejected. It appears that Husain Ajgarali Lokhandwala preferred bail application being Criminal Misc. Application No.7170/2000 before this Court and this Court (Coram: C.K.Buch, J.), as per the order dated 27-12-2000 allowed the application after hearing the complainant and the State on various conditions as mentioned in the order at para 17. Such conditions are as under:

(3.) The pertinent aspect is that this Court even while releasing Husain on bail directed him to be away from Godhra and as it appears from the condition (d), he was to stay at Vadodara and to report at Raopura Police Station, Vadodara for a period of six months. It was also the condition to Husain in the said order that he shall not enter the limits of Panchmahals District without prior permission of this Court and the said condition of marking presence at Raopura Police Station, Vadodara and for not to enter the limits of Panchmahals District was for a period of six months. The condition was also provided to Husain to surrender the passport, if any, in the Lower Court within a week.