BHIKHABHAI UDESING DARBAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. Mr. D. N. Patel, learned A.P.P. waives the service of Rule. At the request of both, the application is heard today.

(2.) . The applicant prays for necessary modification in the order of bail granted by the learned Additional Sessions Judge, Kheda at Nadiad in Misc. Criminal Application No. 625 of 1997.

(3.) . It is not necessary to set out the details of the case, yet in short, the facts leading the applicant to file this application be delineated. On being arrested during the course of investigation after the F.I.R. of the offences under Secs. 363 and 366 I. P. Code came to be filed before the police station at Petlad, the applicant filed Misc. Criminal Application No. 625 of 1997 before the Sessions Court, Kheda at Nadiad for bail. It was transferred to the Court of the Additional Sessions Judge, Kheda at Nadiad for hearing and disposal in accordance with law. The learned Judge of that Court hearing the parties allowed the application, and released the applicant on bail on his executing a personal bond of Rs. 5,000.00 and also imposed certain conditions. Under one of the conditions the petitioner is directed to deposit nonrefundable amount of Rs. 5,000.00 in the Court of the Judicial Magistrate (F.C.) at Petlad. On the amount being deposited, the same is ordered to be paid to the victim Kokilaben. The applicant-accused could see that such condition imposed being opposed to law, was unjust and oppressive. He has, therefore, preferred the present application for deletion of that condition.