Research › Search › Judgment

Gujarat High Court · body

2022 DIGILAW 684 (GUJ)

YASHPALSINH KIRITSINH KHUMANSINH VALA v. STATE OF GUJARAT

2022-05-10

NIRAL R.MEHTA

body2022
ORDER : 1. RULE. Learned Additional Public Prosecutor waives service of rule on behalf of respondent-State. 2. The present application has been filed for modification of Condition No. (2) of the order dated 9.5.2022 passed by the 3rd Additional Sessions Court, Gandhinagar in Criminal Misc. Application No. 582 of 2022, whereby, the 3rd Additional Sessions Court, Gandhinagar, was pleased to grant temporary bail to the present applicant from 10.5.2022 to 17.5.2022, however, with police escort. 3. The present applicant had approached the 3rd Additional Sessions Court, Gandhinagar for releasing him on temporary bail, on the ground of appearing in the examination. The 3rd Additional Sessions Court, Gandhinagar was pleased to grant temporary bail to the present applicant from 10.5.2022 to 17.5.2022, however, with police escort. 4. It is submitted by learned advocate for the applicant that, because of such condition, the present applicant could not able to deposit the cost imposed by the trial Court, and thereby, he could not be able to enjoy his temporary bail, granted by Sessions Judge, Gandhinagar. She has submitted that the conduct of the present applicant, in jail, is also good and there is no antecedent attributed to the present applicant. 5. Ms. Jadeja, learned advocate for the applicant has submitted that the condition imposed by Sessions Judge, Gandhinagar, while releasing the applicant on temporary bail, with police escort, is onerous, which would approximately cost Rs. 25,000/- per day. She further submitted that considering the period of interim bail, approximately Rs. 1,75,000/- would be the total cost and that is not bearable by the present applicant being not in a good financial condition. 5.1 Ms. Jadeja, learned advocate for the applicant submitted that, by granting the temporary bail with this onerous condition would virtually disallowing the interim bail. Thus, Ms. Jadeja, learned advocate submitted that this Court may suitably modify the condition granted by Sessions Judge, Gandhinagar. 6. Per contra, Mr. Shah, learned Additional Public Prosecutor appearing for the Respondent-State has vehemently opposed the present application contending that the interim bail granted by Sessions Judge, Gandhinagar is perfectly justified and no interference is called for. However, Mr. Shah could not point out any considerable fact and about past antecedent of the present applicant as to why the Sessions Judge, Gandhinagar has granted temporary bail to the present applicant with police escort. 7. However, Mr. Shah could not point out any considerable fact and about past antecedent of the present applicant as to why the Sessions Judge, Gandhinagar has granted temporary bail to the present applicant with police escort. 7. Considering the overall facts and circumstances of the present case, the learned Sessions Judge, Gandhinagar has not assigned any reason justifying the police escort and also keeping in mind the jail remarks, in my considered opinion, if the order dated 9.5.2022 passed by Sessions Judge, Gandhinagar in Criminal Misc. Application No. 582 of 2022 is modified to the extent that the applicant shall be released on temporary bail for the period of eight (08) days i.e. from 10.5.2022 to 18.5.2022 till 6.00 p.m. without police escort, the interest of justice would be met. 8. For the forgoing reasons, the application is hereby allowed and the Condition No. (2) imposed by Sessions Judge, Gandhinagar vide order dated 9.5.2022 is hereby modified to the extent that that the applicant shall be released on temporary bail for the period of eight (08) days i.e. from 10.5.2022 to 18.5.2022 till 6.00 p.m. without police escort. However, rest of the conditions imposed by Sessions Judge, Gandhinagar remain intact. 9. Rule is made to the aforesaid extent. Registry is directed to communicate this order to the concerned Jail Authority by fax/email message forthwith. Direct service TODAY is permitted.