Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 324

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS)
NO. 4243 of 2025 With R/CRIMINAL MISC.APPLICATION NO. 4244 of 2025 ==========================================================
SHANTARAM DAYANAND R RACHANA Versus STATE OF GUJARAT & ANR.
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Appearance:
DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1 MS HETVI SANCHETI for the Respondent(s) No. 2 MR. K M ANTANI, APP for the Respondent(s) No. 1 ==========================================================
CORAM: HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 20/03/2025

Petitioner Advocates:DARSHAN M VARANDANI(7357) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Bail conditions can be modified based on the applicant's circumstances, balancing their rights with the interests of justice.

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Modification of bail conditions - Applicants sought modification of conditions imposed by the Addl. Chief Judicial Magistrate, which required surrendering passports and not leaving India - Applicants argued that as businessmen, they need to travel abroad frequently - The court modified the conditions, suspending them for six months while maintaining other conditions. (Paras 3, 7)

(B) Bail - Conditions imposed by the court must balance the rights of the accused with the interests of justice - The court has the discretion to modify bail conditions based on the circumstances presented. (Paras 3, 7)

Facts of the case:
The applicants, businessmen, sought modification of bail conditions requiring them to surrender their passports and not leave India, arguing their need for international travel. The original complainant opposed the application, citing illegal activities related to smuggling.

Findings of Court:
The court found merit in the applicants' request and modified the conditions to suspend them for six months, while other conditions remained unchanged.

Issues: The main issue was whether the bail conditions imposed were too restrictive given the applicants' business needs.

Ratio Decidendi: The court held that bail conditions should be reasonable and can be modified based on the applicants' circumstances, balancing the need for travel against the interests of justice.

Result: Applications granted in part, conditions modified.

ORDER :

(M.R. MENGDEY, J.)

1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. Present applications are filed by the applicants for modification of condition nos.7 and 8 imposed vide order dated 08.07.2022 passed by the Addl. Chief Judicial Magistrate, Mundra.

3. Learned advocate for the applicants submitted that while enlarging the applicants on bail, the court below has vide order dated 08.07.2022 imposed condition nos.7 and 8 i.e. “surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect and shall not leave India,” respectively. Learned advocate for the applicants has submitted that the applicants had preferred an application for the purpose of modification of conditions before the learned Court below and vide order dated 27.11.2024, the learned lower Court had been pleased to suspend the aforesaid conditions for a period of one month. He has further submitted that the applicants are businessmen and they are required to travel abroad frequently. He has, therefore, submitted to allow the present applications and suspend the aforesaid conditions for longer period.

4. Learned Additional Public Prosecutor has opposed the grant of the present applications and submitted that the present applications may not be allowed.

5. Learned advocate appearing for the original complainant has submitted that the applicants had illegal smuggled cigarettes to India and necessary penalty in this regard has also been imposed against the present applicants. She has, therefore, submitted to dismiss the present applications.

6. Heard learned advocate for the applicants, learned APP for the respondent-State as well as perused the documentary evidences produced on record.

7. Having regard to the cause shown in the applications, the applications deserve consideration. The conditions in question are modified to the extent that the aforesaid conditions are suspended for a period of six months. The other conditions of the order dated 08.07.2022 shall remain intact.

8. Present applications stand disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.

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