CHANDRAVADAN MANUBHAI PATEL Vs. MUKESHBHAI MOTIBHAI PATEL

JUDGEMENT

(1.) THE applicant herein alleging that the respondent-accused violated condition No.(g) above, moved the above captioned application for cancellation of bail granted to respondent No.1 herein. Respondent No.1 was original accused No.8 against whom complaint being Crime Register No. I-36/2012 was registered with Shinor Police Station, District Vadodara in respect of the offences punishable under sections 143, 147, 148, 149, 323, 332, 337, 353, 427, 436, 506 (2) of Indian Penal Code, 1860, as well as for the offences under sections 3 and 7 of the Damage to Public Properties Act.

(2.) THE applicant was arrested pursuant to the said complaint and thereafter was released on regular bail by order dated 20 th June, 2012 passed by this High Court in Criminal Misc. Application No. 8355 of 2012, on the conditions mentioned in the order. The conditions imposed in the order of bail were : (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) surrender passport, if any, to the lower court within a week; (d) not leave India without prior permission of the Sessions Judge concerned; (e)mark presence at the concerned police station on the first Sunday of every month between 10.00 am and 3.00 pm for three months only; (f) furnish the present address of residence to the I.O. and also to the Curt at the time of execution of the bond and shall not change the residence without prior permission of this court; (g) not enter village Sandhali, Taluka Sinor, District Baroda till the filing of the charge-sheet. As seen above, under one of the conditions for bail being condition No. (g) the respondent was not supposed to enter the limits of village Sandhali till filing of the charge-sheet.

(3.) LEARNED advocate for the applicant Mr. Mukesh Upadhyaya, submitted that the bail granted to the respondent-accused was liable to be cancelled as the accused committed breach of condition No.(g) by entering village Sandhali. It was further in committing breach of condition No.(a) as well as condition No.(b). The condition No. (a) provided that he shall not take undue advantage of the liberty granted to him, whereas Condition No. (b) prohibited him from acting in a manner injurious to the interests of the prosecution. Learned advocate submitted that the conduct of the accused may be viewed strictly and the bail granted to him may be cancelled under section 439(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code')