SCR.A/173320/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1733 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA Sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? 1 to 5 NO ========================================================= MOHAMMED USMAN KHALILUJ RAB - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR SOEB R BHOHARIA for Applicant(s) : 1, MR RC KODEKAR ADDL PUBLIC PROSECUTOR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 20/10/2008 ORAL JUDGMENT 1. Rule. Learned A.P.P. waives service for the respondent. 2. By the present petition filed under Article 226 of the constitution, the petitioner seeks modification of the condition contained in the order dated 01.08.2008 of learned Sessions SCR.A/173320/2008 2/2 JUDGMENT Judge, Amreli in Criminal Revision Application No.61 of 2008. It was submitted by learned counsel Mr.S.R.Bhoharia and fairly conceded by learned A.P.P. that the condition of furnishing solvent surety in the sum of rupees five lakh for releasing the muddamal truck to the petitioner was not called into question but the condition requiring the surety to be a resident of Amreli district was too harsh and difficult to comply for the petitioner insofar as he was resident of Ahmedabad district and could not furnish such surety from the district where no one may be knowing him. Therefore, the petition is partly allowed so as to modify the aforesaid condition of furnishing surety from local area of Amreli district and to direct that the petitioner shall be at liberty to furnish proper surety from Ahmedabad district and comply with all other conditions of the aforesaid order dated 01.08.2008 for release of muddamal truck No.GJ-1-AT-7591. The remaining conditions of the impugned order remain intact and it is further clarified, by consent, that, in case the aforesaid truck is again found to be involved in similar offence, the amount deposited and the personal bond shall be liable to be forfeited and the surety will be called upon to pay the amount of security. Rule is made absolute with no order as to costs. Direct service. Sd/- ( D.H.Waghela, J.) (KMG Thilake)