Crpc 439

Querist : Anonymous (Querist) 01 January 2012 This query is : Resolved
Guj.hicourt impose condition at the time granting the bail,that Accuse A cant leave the state of gujarat without prior permission of sessons, now the chargesheet is filed in that case, A is property dealer and due to his buisness A travel any where in india, but due to that condition A cant travel any where, his buisness is also stop for that reason, now A approach in the sessons court for modify that condition, can sessons court modify this condition? or any supreme court authority which is helping A for modifying condition.? offence on A is u/s ipc 394,420,120b.

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V R SHROFF (Expert) 01 January 2012
After charge-sheet, apply for change of condition. go for Regular surety.

It should be allowed.

Raj Kumar Makkad (Expert) 01 January 2012
As the charge-sheet has recently been filed, there is no need to get modified the condition rather already granted bail is to be confirmed now from the trial court and its conditions shall be definitely in routine manner not requiring to repeat the already imposed condition of high court. It is a general law that the accused should not be allowed to intervene in the investigation of the case or should be got scot free from court so initially such condition was imposed but it has lost its relevance now.

Even Sessions court can also modify it wherein your petition is pending for this purpose.