Gujarat High Court Case Information System
Print
CR.MA/6225/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6225 of 2011
In
SPECIAL
CRIMINAL APPLICATION No. 2113 of 2009
=========================================
GHANSHYAMBHAI
CHUNILAL PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
SHALIN MEHTA FOR MS VIDHI J BHATT
for Applicant(s) : 1,
MR
HL JANI, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
RULE
SERVED BY DS for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/05/2011
ORAL
ORDER
By
way of present application, applicant has prayed to modify the
Condition Nos.3 an 4 of the order dated 10th April, 2008
passed by the learned Additional Sessions Judge, Fast Track Court
No.3, Ahmedabad (Rural), Mirzapur, in Criminal Miscellaneous
Application No.37 of 2008.
Heard
Mr.Shalin Mehta, learned counsel for Ms.Vidhi Bhatt, learned counsel
for the applicant, Mr.H.L. Jani, learned
Additional Public Prosecutor for respondent
No.1 and respondent
No.2, i.e. Mr.Ashwinbhai Jayantilal Patel, Party-in-Person.
Mr.Mehta
has contended that the applicant is a member of Ahmedabad District
Panchayat. The applicant is a businessman and a responsible citizen.
He has contended that wife of the applicant is suffering from cancer
(carcinoma) of esophagus since August, 2010. He has also contended
that for the purpose of treatment of his wife, he has to visit
Ahmedabad many times. He has also contended that on humanitarian
ground also. He has further contended that if the condition Nos.3
and 4 of the order dated 10th April, 2008 may be deleted,
no question regarding breach of law and peace can be arise. He,
therefore, prayed that present application may kindly be allowed by
deleting the condition Nos.3 and 4 of the order dated 10th
April, 2008.
As
against this, Mr.Jani, learned
Additional Public Prosecutor, has read the medical
certificates produced on record and contended that at the hearing of
the first application, by which the condition was modified, the said
papers were available with the applicant and due to that, that
condition was modified by this Court. He has opposed the present
application.
Heard
respondent
No.2-Mr.Ashwinbhai Jayantilal Patel, Party-in-Person. He has opposed
the present application and contended that if the conditions are
modified, then there are chances that again the applicant threatened
him and question of safety and security is required to be protected.
Heard
all the parties and perused the papers produced before me. It
appears that the respondent
No.2 has opposed the present application only because of fear.
Mr.Mehta has assured that the applicant will maintain law and order.
It also appears from the perusal of the papers that wife of the
applicant is suffering from cancer. It also appears from the papers
that the present respondent
No.2 has challenged the orders dated 30th November, 2010
and 10th December, 2010 passed by this Court before the
Apex Court by way of Special Leave Petitions (Criminal); however,
the Apex Court has dismissed the said Special Leave Petitions.
Looking to the facts of the case and averments made in the
application, I am of the opinion that on humanitarian ground,
present application is required to be allowed.
Hence,
in view of above, present application is allowed. The Condition
Nos.3 and 4 of the order dated 10th April, 2008 passed by
the learned Additional Sessions Judge, Fast Track Court No.3,
Ahmedabad (Rural), Mirzapur, in Criminal Miscellaneous Application
No.37 of 2008 as well as condition imposed upon the applicant, viz.
“the applicant shall not enter into Kanbha and Kunjad
village till further orders” vide
order dated 10th
December, 2010 passed by this Court in Criminal Miscellaneous
Application No.15066 of 2010 are hereby deleted. Order
accordingly. Rule is made absolute.
(Z.
K. Saiyed, J)
Anup
Top