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CR.MA/12380/2008 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12380 of 2008
In
CRIMINAL
MISC.APPLICATION No. 4716 of 2008
=========================================================
DEVANG
ALIAS DEVO SURESHBHAI BRAHMBHATT - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
P.M.THAKKAR, SENIOR COUNSEL FOR M/S THAKKAR ASSOC. for
the Applicant.
MR MAULIK NANAVATI, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 17/10/2008
ORAL
ORDER
1. Rule.
Learned Additional Public Prosecutor Mr.Nanavati waives service
of notice of Rule on behalf of the respondent.
2. The
present application has been preferred for deletion of condition
Nos.3(e) & 3(h) imposed by this Court, while enlarging the
applicant on bail vide order dated 25th April,2008 passed
in Criminal Misc. Application No.4716 of 2008, whereby the applicant
was directed to mark his presence before Nadiad City Police Station
on every first day of English calendar month and the applicant shall
not enter into the revenue limit of Anand District without prior
permission of this Court, but for attending the Court in connection
with this case, he will be free to enter the limits for a period to
the extent necessary and will leave the limits thereafter the case is
adjourned.
3. Learned
counsel for the applicant submitted that this is a case of simple
injury and maximum as per allegation levelled by the prosecution,
enough time has been lapsed by now and there is no breach of any of
the conditions imposed by this Court, while enlarging the applicant
on bail and, therefore, condition Nos.3(e) and 3(h) are required to
be modified.
4. Learned
Additional Public Prosecutor for the respondent submitted that if the
applicants are allowed to enter into the revenue limit of Anand
District, there are all chances of breach of law and order.
5. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, gravity of the offence, quantum of
punishment, nature of injury and keeping in mind the fact that till
today, there is no breach of any of the conditions imposed by this
Court and the applicant has scrupulously followed the conditions from
25th April,2008, the applicant is engaged in business
activity, as stated in para-5 of the application and looking to the
sickness of his parents, as narrated in para-6 of the application,
the modification requires to be granted. Now, condition No.3(e),
shall reads as under:
?S3(e) the applicant
shall mark his presence before Anand Town Police Station, on
every first day of English Calendar month between 9:00 a.m. and 2:00
p.m.??
6. Condition
No.3(h) of the order dated 25th April,2008 passed in
Criminal Misc.Application No.4716 of 2008 is hereby omitted. Rest of
the conditions imposed by this Court in order dated 25th
April,2008 in Criminal Misc.Application No.4716 of 2008 shall remain
intact and as they are. Rule made absolute to the aforesaid extent.
Direct service permitted.
(D.N.PATEL,J)
*dipti
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