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CR.MA/6217/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6217 of 2010
In
CRIMINAL
MISC.APPLICATION No. 90 of
2009
=========================================================
MANOJKUMAR
ANANDIPRASAD YADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MB PARIKH for
Applicant(s) : 1,
MR. MAULIK G. NANAVATI, LEARNED ADDITIONAL
PUBLIC PROSECUTOR FOR Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/06/2010
ORAL
ORDER
1. This
application has been filed by the applicant-Manojkumar Anandiprasad
Yadav, for deletion of Conditions Nos.(d) & (e) contained in
order dated 09.03.2009, rendered in Criminal Misc. Application No.90
of 2009. The said conditions read as under:-
d) shall mark his presence
before the Investigating Officer of the concerned Police Station on
the 15th and 30th day of every English calender
month, between 10:00 am To 5:00 p m, till the commencement of trial;
e) shall not leave the local
limits of the State of Gujarat without the prior permission of the
concerned Sessions Judge;
2. I
have heard Mr. M.B. Parikh, learned counsel for the applicant and
perused the averments made in the application. It is submitted by him
that the applicant was serving as a Custom Inspector and was put
under suspension after his arrest. However, by order dated 30th
November, 2009, the suspension of the applicant was revoked with
effect from 8th December, 2009, and now the applicant is
posted to Jamnagar where he is serving. It is further submitted by
him that the aged parents of the applicant are residing alone at
village Hasanpur, District: Samastipur, Bihar and considering the
said aspects, the prayers made in the application deserve to be
granted, as the charge-sheet has not been filed. The above
submissions are merely reproduction of the averments made in the
application.
3. On
the other hand, Mr. Maulik G. Nanavati, learned Additional Public
Prosecutor submits that by order dated 09.10.2009, rendered in
Criminal Misc. Application No.11314 of 2009 in Criminal Misc.
Application No.90 of 2009, this Court has granted permission to the
applicant to shift his residence from Amreli to Rajkot where he is
stated to be residing with his family. The prayer made in the said
application for deletion of Condition No.7(e) was not pressed,
therefore, the same is rejected.
4. As
far as condition No.7(d) is concerned, the same was modified to the
extent that instead of directing the applicant to mark his presence
at Amreli Police Station twice a month, the condition was relaxed to
his being permitted to do so once in a month.
5. As
far as condition No.7(d) is concerned, it is stated by Mr. M.B.
Parikh, learned counsel for the applicant that instead of marking his
presence at Amreli Police Station, the applicant may be permitted to
do so at Rajkot where he is residing.
6. Accordingly,
condition No.7(d) is modified to the extent that the applicant shall
mark his presence at Rajkot City Police Station in the first week of
every English calender month between 10:00 a.m. to 5:00 p.m., till
the commencement of the trial.
The
application is disposed of in the above terms. Rule is made absolute
to the above extent.
Direct
Service is permitted.
(Smt. Abhilasha Kumari, J.)
Safir*
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