RAFIKBHAI GULAMNABI VOHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Court of 2nd Additional Sessions Judge, Kheda at Nadiad by order dated 21.10.2015 passed in Criminal Misc. Application No. 689 of 2015 granted anticipatory bail to the present applicants under section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicants were arrested on 16.09.2015 in connection with the First Information Report bearing C.R. No.I-109 of 2015 registered with Thasra Police Station in respect of offence under Sections 379, 461 and 114 of the Indian Penal Code, 1860.

(3.) What is alleged against the applicants accused is that applicant No.1 committed an act of misappropriation of the amount of co-operative society for which the complaint was lodged before the Sevalia Police Station; applicant Nos.2 and 3 alleged to have stolen the bags containing the original documents in respect of the complaint from the Car of the complainant bearing No. GJPage 07AG-9341. 3. 1 While releasing the applicants on bail as above, the learned Sessions Judge imposed a condition, amongst other conditions, of deposit of Rs. 5,000/- each. By filing the present application, the applicants pray to delete the said condition whereby they were directed to deposit the amount while granting the bail. 3. 2 In the present application, it is contended that the condition of deposit of the amount is harsh and is irrelevant. It is contended that the condition amounts to denial of bail on the other hand by another stroke. It was submitted that even otherwise, looking to the nature of misconduct alleged, no such condition could have been imposed.