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CR.MA/13724/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13724 of 2010
In
CRIMINAL
MISC.APPLICATION No. 2672 of 2010
=========================================================
TALAJI
VIRAJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PR NANAVATI for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/12/2010
ORAL
ORDER
Rule.
Mr. H.L. Jani, learned APP waives service of Rule on behalf of the
opponent.
Having
regard to the facts and circumstances of the case, the application is
taken up for hearing today.
This
application is preferred for modification of order dated 9.4.2010
passed in Criminal Misc. Application No. 2672 of 2010.
Learned
advocate for the applicant submitted that initially, condition was
imposed by this Court on the applicant not to enter village Goraj
during the pendency of the trial. Learned advocate submitted that no
untoward incident has taken place in village and other accused of the
cross complaint facing charge under Sections 147, 148, 149, 302, 323,
324 and 506[2] of IPC are already residing in village Goraj.
Therefore, condition imposed by this Court upon the applicant not to
enter Goraj during pendency of the trial requires to be deleted.
Mr.
H.L. Jani, learned APP appearing for the opponent State while
opposing the application submitted that the applicant is a headstrong
person and considering the detailed report submitted by the Police
Inspector, Sanand Police Station, no lenient view be taken in the
matter and the condition imposed by this Court may not be deleted.
Considering
the rival submissions and on perusal averments of the application as
well as the report submitted by the learned APP, I am of the view
that since other accused, who are facing the charge of Sections 147,
148, 149, 302, 323, 324 and 506[2] of IPC are also permitted to enter
the village Goraj, the applicant also deserves to be given similar
treatment as no untoward incident has taken place as on today.
In
view of the above, prayer as set out in the application is granted
and condition no. 3[f] imposed vide order dated 9.4.2010 passed in
Criminal Misc. Application No. 2672 of 2010 not to enter village
Goraj is hereby deleted.
With
this observations, the application is allowed to the extent indicated
herein above. Rule is made absolute.
Direct
service is permitted.
[H.B.
ANTANI, J.]
pirzada/-
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