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Judgment
B.N. Karia, J
By way of present application, applicants have prayed to quash and aside the impugned order dated 08.07.2020 passed in Criminal Misc. Application
No.228 of 2020, qua applicants and further be pleased to delete the condition No.5 as imposed in order dated 01.07.2020 passed in Criminal Misc.
Application No.216 of 2020 by the Ld. 3rd Additional Sessions Judge, Gir- Somnath at Veraval.
Heard leaned advocate for the applicants.
Learned advocate for the applicants submits that applicants were released on regular bail by learned Sessions Court in Criminal Misc. Application
No.216 of 2020 by imposing certain conditions vide order dated 01.07.2020, wherein condition No.5 was imposed, which reads as under:
After being released on bail, the applicants shall not enter in to the limits of Gir-Somnath District for a period of 6 months except for the purpose of
appearing before the court or for marking their presence at the concerned Police Station. During this period, the applicants shall declare full and
correct address of the place where they will reside, before the concerned court as well as before the concerned police station.
Thereafter, the applicants have abided by all the conditions and no breach of any of the conditions are made till date. That father of the applicants is
suffering from 'Epilepsy' and is holding agricultural land at village-Bolas and he is unable to do any type of agricultural activity alone. That the
applicants being elder members of their family and agricultural activity is only means of the livelihood of their family, their presence are required for
the agricultural activities. That applicants have no criminal antecedents whatsoever. That applicants are not habitual offenders and therefore, there
cannot be any apprehension of missing liberty granted to the applicants in any manner. Hence, it was requested by learned advocate for the applicants
to allow present application.
Learned APP for the respondent-State has strongly objected the submissions made by the learned advocate for the applicants and requested to
dismiss the present application.
Having considered the facts and circumstances of the case and submissions made by learned advocate for the applicants and learned APP for the
respondent-State, it appears that applicants were released on regular bail by the learned Sessions court vide order dated 01.07.2020 in Criminal Misc.
Application No.216 of 2020 by imposing certain conditions wherein condition No.5 was imposed that respective applicants will not enter in the
jurisdiction of Gir-Somnath district after releasing on bail for a period of six months except for marking their presence before the concerned police
station or attend the court proceedings. During this period, the applicants shall declare their addresses before the concerned police station as well as
the court concerned where they wanted to stay. On suffering great hardships by not entering into Gir-Somnath district, applicants approached the
learned Sessions Court concerned by filing separate application being Criminal Misc. Application No.228 of 2020 and requested to delete the Condition
No.5 imposed by the learned Sessions Court, wherein learned 3rd Additional Sessions Judge, Veraval was pleased to partly allowed such application
qua the applicant No.1 of that application namely Pujabhai Danabhai Barod and he was permitted to enter into Dist-Gir Somnath by deleting condition
No.5 while application for present applicants was refused by not accepting their prayer vide order dated 08.07.2020.
It is admitted position that applicants were released on bail before filing of the charge-sheet by imposing certain conditions. It is not the case for the
prosecution that applicants have not abided by conditions or have committed any breach of the conditions by hampering the investigation or tampering
with the evidence or influencing witnesses in any manner. Father of the applicants is suffering from 'Epilepsy' as per the arguments and he is already
having agricultural land at village-Bolas and is unable to do any kind of agricultural activities alone. It appears that applicants are the elder male
members in their family and are engaged in the agricultural activities, which is only means of the livelihood of their family. No criminal antecedents
whatsoever and no breach of any condition is made or alleged against the applicants by the prosecution. It appears that applicants are not habitual
offenders and therefore, there cannot be any apprehension of missing liberty granted to the applicants in any manner. However, on account of
condition No.5, applicants are unable to visit their fields at their village to carry out any agricultural activities, which is only means of their livelihood.
On accout of staying outside of their District, they and their family members will suffer immense financial hardships and burden on their families.
Considering the facts and circumstances of the present case, the prayer made by the present applicants to delete the Condition No.5 imposed in the
order passed by learned Sessions Court in Criminal Misc. Application No.216 of 2020 dated 01.07.2020 is required to be accepted and hence, present
application is hereby allowed.
The impugned order dated 08.07.2020 passed in Criminal Misc. Application No.228 of 2020 by learned 3rd Additional Sessions Judge, Veraval, Gir-
Somnath qua the present applicants stands quashed.
Condition No.5 imposed upon the present applicants while enlarging them on bail by learned 3rd Additional Sessions Judge, Veraval, Gir-Somnath
dated 01.07.2020 in Criminal Misc. Application No.216 of 2020 is ordered to be deleted.
Present Applicants shall mark their presence fortnightly before the concerned police station till December-2020 as per Condition No.3 imposed upon
the present applicants by learned 3rd Additional Sessions Judge, Veraval, Gir-Somnath in Criminal Misc. Application No.216 of 2020 and they shall not
enter in the area of residence of the complainant or his land surrounding 100 meters.
Rule is made absolute to the aforesaid extent.
Registry shall forward a copy of this order to the concerned police station through fax or e-mail forthwith.