Hasmukhbhai Mansukhbhai Sadrani vs. State Of Gujarat
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The petitioner, Hasmukhbhai Mansukhbhai Sadrani, was granted regular bail by the 12th Additional Sessions Judge, Rajkot at Dhoraji, vide an order dated 27.08.2021, in connection with CR No.11213010210847 of 2021. The bail order imposed several conditions, including condition No. 5, which stipulated that the applicant shall not leave Gujarat without prior permission of the Trial Court. The petitioner filed the present application before the High Court of Gujarat seeking deletion or modification of this condition. He had previously approached the Sessions Court for the same relief, which was rejected by an order dated 28.09.2021. The petitioner argued that as a businessman dealing in plywood, he needs to travel outside Gujarat for business purposes and produced GST registration, e-way bills, and tax invoices to support his claim. The State opposed the modification.
Held
The High Court held that the applicant has complied with all bail conditions. It acknowledged that the applicant is a businessman in the plywood industry and needs to travel outside Gujarat for business purposes, as evidenced by the GST registration certificate, e-way bills, and tax invoices produced. Therefore, the Court found it appropriate to modify condition No. 5 of the bail order. The original condition, "The applicants shall not leave Gujarat without prior permission of the Trial Court," was modified to "The applicant shall leave Gujarat with prior intimation to the trial Court, with itinerary and shall report to the trial Court on his return." All other conditions of the bail order were to remain unaltered. The Court made the rule absolute to this extent.
Key Issues
1. Whether condition No. 5 of the bail order, which restricts the applicant from leaving Gujarat without prior permission of the Trial Court, should be modified or deleted, considering the applicant's business requirements? (Mixed question of law and fact, turning on the interpretation of bail conditions and the necessity of travel for business). Petitioner's Arguments: The applicant argued that he has abided by all bail conditions. He is a businessman involved in the plywood industry and requires travel outside Gujarat for business. The restriction imposed by condition No. 5 severely hampers his ability to conduct his business. He relied on his GST registration certificate, e-way bills, and tax invoices as evidence of his business travel needs. Revenue's Arguments: The learned APP for the State opposed the application, submitting that the condition imposed by the Sessions Court is just and proper and does not require any deletion or modification.
Sections Cited
Section 278, Section 285, Section 114, Section 3(2)(a), Section 3(2)(c), Section 3(2)(d), Section 7
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Cause title — parties, addresses and appearances
ORAL ORDER
RULE. Learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondent-State.
The present application is filed for deleting /modifying condition No.5 or order dated 27.08.2021 passed by 12th Additional Sessions Judge, Rajkot at Dhoraji in Criminal Misc.Application No.189 of 2021. By the said order dated 27.08.2021, the applicant came to be enlarged on regular bail in connection with CR No.11213010210847 of 2021 registered with Dhoraji Police Station, Rajkot Rural for offences under Sections 278, 285 and 114 of the Indian Penal Code and Sections 3(2)(a), 3(2)(c), 3(2)(d) and 7 of the Essential Commodities Act, 1955. The said condition No.5 reads as under:- “5] The applicants shall not leave Gujarat without prior permission of the Trial Court.” R/CR.MA/18988/2021 ORDER DATED: 09/12/2021
Learned Advocate for the applicant submitted that as duty bound, the applicant has always abided by all conditions of bail without there being any breach.
1 It is submitted that the applicant is a businessman and is involved in the business of plywood. For business purpose, the applicant is required to travel outside Gujarat to various parts of country and due to the impugned condition, it is very difficult for him to travel outside Gujarat. Learned Advocate for the applicant invited attention of the Court to GST registration certificate, e-way bills and tax invoices in this regard.
2 It is submitted that for deletion /modification of the aforesaid condition, the applicant had approached the Sessions Court by filing Criminal Misc.Application No.222 of 2021, which came to be rejected by order dated 28.09.2021. 4. Learned APP opposed the application submitting that the condition is just and proper and no deletion /modification is required.
Having heard learned Advocates for the parties and having perused the documents on record, it appears that the applicant has abided by all conditions of bail without there being any breach. As submitted, the applicant is a businessman and is involved in the business of plywood. For business purpose, the R/CR.MA/18988/2021 ORDER DATED: 09/12/2021 applicant is required to travel outside Gujarat. Learned Advocate for the applicant has also produced GST registration certificate, e- way bills and tax invoices in this regard.
In view of the aforesaid, the application is partly allowed. Condition No.5 or order dated 27.08.2021 passed by 12th Additional Sessions Judge, Rajkot at Dhoraji in Criminal Misc.Application No.189 of 2021 is hereby ordered to be modified to read as under:- “5] The applicant shall leave Gujarat with prior intimation to the trial Court, with itinerary and shall report to the trial Court on his return.”
The other conditions remain unaltered.
Rule is made absolute to the aforesaid extent. Direct service is permitted. (A.Y. KOGJE, J) SHITOLE
Reproduced from the public record of the Gujarat High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.