May 17, 2024

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Plea looking for deletion of bail situation dismissed Restriction imposed on Hardik Patel ‘reasonable’, says HC

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Dismissing Gujarat Congress working president Hardik Patel’s plea looking for deletion of his bail situation that requires him to hunt prior court docket permission earlier than travelling out of Gujarat, the Gujarat High Court has held that the situation was imposed with the “sole object” to make sure his “availability at crucial stage of trial”.
In the detailed copy of the decision, made public on March 16, the bench of Justice AY Kogje held that the restriction imposed on Patel is “reasonable” and it’s open to trial courts to impose cheap bail circumstances to make sure well timed trial.
The bail situation was imposed on Patel in January 2020 after he was arrested for failing to look earlier than an Ahmedabad trial court docket in reference to an FIR filed in 2015 by the crime department, whereby the Congress chief was charged with sedition through the Patidar agitation. While granting him bail, the trial court docket had then imposed the situation that he can be required to hunt prior permission of the court docket earlier than leaving the native limits of Gujarat.

“Ultimately, conduct of trial is within the unique area of the trial court docket and, due to this fact, it’ll at all times be open for the trial court docket to impose an affordable situation guided by the judgments pronounced sometimes by the apex court docket on this connection. The situation impugned, within the opinion of the court docket, doesn’t seem like arbitrary or fanciful or it extends past the ends of provision.
In reality, the situation is affordable situation and doesn’t bar fully the petitioner from travelling, however solely to hunt permission of the court docket if he has to journey past the jurisdiction of the state, that means thereby when the petitioner needs to journey out of Gujarat, the trial court docket would be capable of assess the stage of trial after which contemplate urgency within the petitioner’s case for touring out of Gujarat after which move crucial orders which can guarantee management of the trial court docket for the progress within the trial. Therefore, within the opinion of the court docket, the impugned situation is an affordable situation and doesn’t warrant any interference,” the court docket acknowledged.
The HC additionally stated “…the sessions court has given cogent reasonings for imposing the condition as well as rejecting the application for deletion of such condition.”

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