In a significant ruling, the Gujarat High Court has made modifications to the bail conditions for elderly Applicant No.1 and Applicant No.2. The court has allowed a consolidated surety amount for both applicants, easing the financial burden. Additionally, Applicant No.2 has been granted permission to travel throughout India for business purposes. This decision reflects the court’s consideration for the unique circumstances of the elderly applicants.
Arguments
- Learned advocate Mr. Hriday Buch suggested reducing the amount of surety for both applicants.
- He proposed that the condition be modified to allow separate sureties who have not served as surety in other matters.
- He requested the court to consider modifying the conditions for both applicants accordingly.
- Court ordered applicants to furnish 50% of the cheque amount as surety
- Separate surety required for each applicant, amounting to the cheque amount
- Applicants are businessmen
- Applicant No. 2 needs to travel all over India
- Permission requested for Applicant No. 2 to leave Gujarat upon showing valid cause
Analysis
- Applicant No.1 was granted bail following a court direction in a specific case
- Applicant No.1 is 95 years old and faces difficulty in appearing before the court due to age-related limitations
- Considering the age and physical condition of Applicant No.1, it is challenging for him to be present in court
- Special considerations are required due to Applicant No.1’s advanced age of 95 years
Decision
- The presence of Applicant No.1 is exempted during the trial of Criminal Case No.18 of 2023.
- Condition No.1 of the order is modified to require a consolidated surety of Rs.2,00,000 in each case along with a surety of like amounts.
- The requirement of providing a separate surety who has not been a surety in other cases is deleted.
- If Applicant No.1 makes a fresh application for modification, the trial Court can consider it based on the applicant’s conduct.
- The applicant has requested for the modification of Conditions No.1, 3, and 5 in the order dated 18.04.2024.
- The applicant has also requested a stay on the implementation of the mentioned conditions.
- The Court may grant permission for Applicant No.1 to leave Gujarat upon a valid cause being presented.
- All other conditions of the order remain unchanged.
Case Title: RATILAL CHIMANLAL SMITH Vs. STATE OF GUJARAT
Case Number: R/SCR.A/7006/2024
