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Gujarat High Court · body

2017 DIGILAW 1112 (GUJ)

Sachin Sureshbhai Patel v. State of Gujarat

2017-07-03

A.Y.KOGJE

body2017
ORDER : A.Y. KOGJE, J. 1. RULE. Learned Additional Public Prosecutor Mr. H.K. Patel waives service of notice of Rule on behalf of the respondent State. 2. This application is filed for modification of condition of bail imposed by the 2nd (Adhoc) Additional Sessions Judge, Patan by an order dated 24.05.2016 in Criminal Miscellaneous Application No. 276/2017 in connection with First Information Report registered as I-CR No. 41/2016 with Siddhpur Police Station, Patan. 3. Learned Advocate for the applicants submits that modification of condition No. 6 of the above order is sought wherein the condition imposed is for marking presence with the concerned Police Station, i.e. Siddhpur on every 1st and 16th of calendar month between 11.00 am to 2.00 pm. 4. Learned Advocate for the applicants submits that such a condition was to operate till filing of the chargesheet. He submits that this Court in a separate proceedings, i.e. Special Criminal Application (Quashing) No. 2971/2016 has passed an order of not to take any coercive steps against the applicants. He submits that the applicants are ready and willing to mark their presence before any Court at Vadodara where they are residing, as travelling twice a month from Vadodara to Siddhpur is cumbersome and is also causing inconvenience for their businesses. 5. Learned Additional Public Prosecutor Mr. H.K. Patel has opposed this application for modification on the ground that the order is a recent one and that the applicants are already protected by a separate order by this Court. Therefore, it is submitted that the modification as prayed for is unwarranted. 6. Having heard learned Advocates for the parties and having gone through the case papers, it is clear that the offence is of the year 2016 and that the condition imposed of marking presence is till filing of the chargesheet. However in the meantime by an order dated 04.05.2016, no coercive steps are to be taken against the applicants, as a result of which, the chargesheet appears to have not been filed. However in the meantime by an order dated 04.05.2016, no coercive steps are to be taken against the applicants, as a result of which, the chargesheet appears to have not been filed. Considering that the complaint is in nature a private complaint and that the applicants are complying with all the other conditions of bail, it would be appropriate to modify the condition of the order dated 24.05.2016 of marking the presence at Vadodara City Police Station, instead of marking presence at Siddhpur Police Station in connection with I-CR No. 41/2016 on 1st and 16th of every month between 11.00 am to 2.00 pm. 7. The application is allowed accordingly. Rule made absolute. Direct Service is permitted.