LAWS(J&K)-2020-12-57

SANDEEP GULHATI Vs. UT OF J&K

Decided On December 08, 2020
Sandeep Gulhati Appellant
V/S
Ut Of JAndK Respondents

JUDGEMENT

(1.) Petitioner, in the instant petition, is aggrieved of Condition No. (iii) imposed by this Court while granting bail in his favour vide order dated 26.07.2019 passed in Bail App No. 109/2019 titled Sandeep Gulhati V. State of J&K. As per the aforesaid condition, petitioner is required to appear before Police Station, Crime Branch, Jammu on every Saturday during day time.

(2.) It appears that the challan against the petitioner has already been presented before the trial Court and proceedings are going on. Therefore, appearance of the petitioner before Police Station, Crime Branch, Jammu on every Saturday is no longer necessary and the same would not serve any purpose for progress of the proceedings before the trial Court, particularly, when other stringent conditions have been laid in the order of bail granted in favour of the petitioner, which include furnishing of solvent security of the value of Rs. 4 Crores or above, surrender of passport by the petitioner and prohibition from leaving of jurisdiction of the trial Court without its permission.

(3.) Having regard to the aforesaid facts, the petition is allowed to the extent that the Condition No. (iii) of bail laid down in order dated 26.07.2019 passed by this Court in Bail App No. 109/2019 is waived. The other conditions as mentioned in the aforesaid bail order read with order dated 13.09.2019 passed by the Supreme Court in Shalinder Gulhati Vs. State of J&K in Criminal Appeal Nos. 1393-94 of 2019 shall remain in force.