Suryakantbhai @ Sureshbhai Shamjibhai Vadaliya v. State of Gujarat
2016-09-02
A.Y.KOGJE
body2016
DigiLaw.ai
ORDER : A.Y KOGJE, J. RULE. Learned APP Shri K.L Pandya waives service of Rule on behalf of the respondent-State. 2. This is an application praying for deletion of following condition:- “5. [g] shall not enter the village Moti Kathechi, Tal Limbdi, District Surendranagar” 3. Learned Advocate for the applicants submitted that on account of onset of monsoon and that the applicants being agriculturists and their family income depending on agriculture, presence of both the applicants would be necessary. He further submitted that insofar as other accused persons of the same CR are concerned, they are enlarged by the Sessions Court, where a condition is imposed of restricting their entry into Limdi Taluka only for a period of three months, which has already expired and now they are permitted to enter limits of that Taluka. He also submitted that no untoward incident has been reported subsequently. 4. Learned APP opposes deletion of such condition on the ground that the applicants are attributed with a role of using fire arm and therefore, he submitted that if at all any liberty is to be granted then such be granted by imposing a specific condition that they may not influence witnesses and misuse their liberty. 5. Having considered the submissions made by both the sides, this Court is of the opinion that in view of the fact that the applicants are agriculturists and their family being dependent on agriculture income and in view of the fact that the co-accused of the same CR are already in the village and there is no untoward incident reported, it will be appropriate to delete Condition No. 5[g]. 6. In view of the aforesaid, Condition No. 5[g] in order dated 23.05.2016 in Criminal Misc. Application No. 10281 of 2016 stands deleted. However, remaining conditions shall stay operational and an additional condition is imposed that the applicants will not in any manner influence the witnesses of this case. 7. In case if any breach is reported, it will be open for the prosecuting agency to move an application before the trial Court for appropriate relief. 8. The application is disposed of. Rule is made absolute. 9. Direct service is permitted.