SURAT: The district and
sessions court in Surat modified
bail conditions imposed by Gujarat high court to an accused advocate-which barred the advocate to leave state's limit without the permission of the sessions court- and allowed her to leave state to pursue cases outside.
According to the plea, Bijal Patel, 39, an advocate, and due to the pandemic her profession was not doing well. She is getting cases from outside Gujarat and therefore, it is very much necessary for her to take such cases to maintain her family. But, due to the condition imposed by the high court, she was unable to go out of Gujarat.
Bijal Patel, a resident of
Mahidharpura in Surat, was booked under various sections of Indian Penal Code 384 (extortion), 389 (Putting person in fear of accusation of offence, in order to commit extortion), 465 (forgery), 467 ( Forgery of valuable security, will, etc), 468 and (Forgery for purpose of cheating) in 2016 with
Amroli Police station in Surat.
She argued that the investigation is already over and a chargesheet has been filed, but a trial of the case may take its time. She prayed that the conditions imposed by the high court that, “The accused shall not leave the state of Gujarat without prior permission of the sessions court concerned” be modified to the effect that, “the accused shall not leave the territory of India without prior permission of the sessions court concerned”.
The government lawyer did not raise any objection if the accused is allowed and has submitted to pass necessary order.
"The accused herself is an advocate and after release on bail, she has not violated bail conditions and nothing adverse against her is brought on record. Considering the facts and circumstances of the case and all above aspects, I am of the opinion that if the prayer of applicant is granted, it would not be prejudicial to the prosecution," additional sessions Judge
Dilip Mahida, observed while granting bail to advocate.
The court modified the bail condition that the accused will not not leave the territory of India without prior permission of the sessions court concerned.