Rule.
Learned APP Mr. H.L.Jani waives service of Rule for Respondent No.1-State of Gujarat.
The present Criminal Misc. Application has been filed by the Petitioners under Articles 14 and 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code for the prayer that the condition imposed in the order passed by the learned Judicial Magistrate First Class, Kadi imposing the condition of giving surety of Rs.50,000/- each, I.e. Rs.1,50,000/- for all the three accused is harsh and may be set aside.
Criminal Revision Application No.48 of 2012 was also preferred before the Sessions Court and the learned Additional Sessions Judge, Mehsana vide order dated 29.6.2012 has rejected the said application for modification and therefore the present Petition has been filed.
Heard learned Advocate Mr. Hardik P. Barot for the Petitioners and learned APP Mr. H.L.Jani for the Respondent - State.
The Court is empowered to impose suitable condition at the time of releasing the Applicant on bail. However, it should not be harsh. In the facts of the case, the Petitioner applied for permission to go to Saudi Arabia as stated in the Application (Exh.42), for which permission was sought to leave the country during the period from 20.7.2012 to 22.8.2012. The condition no.5 as stated in the application was imposed, which has lead to the present Petition.
Learned Advocate Mr. Barot has stated that Petitioners are not in a position to deposit the amount. However, he has stated that if it is suitably modified, they may either deposit or give the bond for the same amount.
Learned APP Mr. Jani has fairly stated that appropriate order may be passed.
In the facts and circumstances and in view of the ground mentioned that the Petitioners desire to go Saudi Arabia for the purpose of pilgrimage for a limited duration and also when the Hon'ble Apex Court has observed that the conditions should not be harsh that it cannot be fulfilled, the condition of giving surety of Rs.50,000/- each deserves to be modified.
In the facts and circumstances therefore, the impugned order passed by the Sessions Court dismissing the application and confirming the order of the court of Magistrate is hereby set aside and the order of Judicial Magistrate First Class, Kadi below Exh.42 shall stand modified that instead of Rs.50,000/- for each of the Petitioner, it should be treated as Rs.20,000/- for each Petitioner with simple surety of the like amount. The condition therefore accordingly shall stand modified and the Petitioners are permitted to leave the Country during the period from 20.7.2012 to 22.8.2012.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(Rajesh H. Shukla,J) Jayanti* Top