R/SCR.A/11821/2025 ORDER DATED: 11/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11821 of 2025 ========================================= IMRAN @ KABRO VAHIDBHAI SATTARBHAI BELIM Versus STATE OF GUJARAT ========================================= Appearance: MS DIPMALA S DESAI(6596) for the Applicant(s) No. 1 APP MR YUVRAJ BRAHMBHATT for the Respondent(s) No. 1 ========================================= CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 11/09/2025 ORAL ORDER RULE. Learned APP waives notice of rule for and on behalf of the respondents. 1. Heard learned advocate for the applicant, who sought to file the present application to quash and set aside the order passed by the learned Second Additional Sessions Judge, Bharuch, in Criminal Miscellaneous Application No. 513 of 2025 dated 02/07/2025. The applicant was arrested in connection with the offence registered at Wagra Police Station under Sections 380, 452, and 451 of the Indian Penal Code. After investigation, a charge-sheet was filed, which has culminated in Criminal Case No. 936/2023. 2. During the pendency of the case, the applicant remained absent; consequently, a warrant was issued, and upon execution of the warrant, the applicant was arrested. Subsequently, the applicant preferred an application for bail, whereupon the learned Judicial Magistrate First Class was pleased to pass an order directing the applicant to furnish two sureties of Rs. 10,000/- each, along with a personal bond, for release on bail. The applicant was unable to fulfill these conditions and, therefore, approached the learned Sessions Judge in Case No. 304/2025. Page 1 of 2 R/SCR.A/11821/2025 ORDER DATED: 11/09/2025 3. The learned Sessions Judge upheld the order passed by the learned JMFC, concluding that the condition was imposed solely to secure the presence of the applicant and that the applicant’s presence at trial was necessary. Consequently, the application was dismissed on the grounds that the applicant failed to furnish the two sureties and the personal bond of Rs. 10,000/-. 4. Heard learned advocate, who, upon instructions, submitted that the applicant is now ready and willing to produce one surety and furnish an equivalent amount in the form of a personal bond. It was requested that the applicant be released on bail upon furnishing such personal bond and surety, and that the applicant is willing to abide by any other conditions that this Court may impose to secure his presence. It is admitted that although the warrant was canceled and an order for bail was passed, the applicant remained in custody due to his inability to fulfill the bail conditions. Considering the nature of the offences and the allegations against the applicant, the order passed by the learned Sessions Judge is hereby quashed and set aside, and the order passed by the JMFC is modified as under : ”The applicant shall furnish a personal bond of Rs. 10,000/- along with one surety of like amount.” Learned Trial Court shall have liberty to impose any other suitable condition to secure the presence of accused. If the presence of the applicant is no longer required in any other case, the Trial Court is directed to accept the surety and release the applicant forthwith. Rule made absolute up to that extent. (HASMUKH D. SUTHAR,J) Kaushal Rathod Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/09/2025 10:31:39