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CR.MA/8473/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8473 of 2011
In
CRIMINAL
MISC.APPLICATION No. 3318 of 2010
In
CRIMINAL APPEAL No. 148 of 2010
=========================================================
MO.
ZAHIR MO. IQBAL SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MA SAIYAD for Applicant : 1,
MR KJ PANCHAL SPECIAL APP with MR JM
PANCHAL for Respondent :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 28/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Rule.
Learned Special A.P.P. waives service. The petitioner has sought
permission to leave the State of Gujarat only for one week for the
purpose of attending marriage of his youngest brother. Invitation
card for the marriage to be held on 30.6.2011 is annexed to the
petition. Even as it is rightly pointed out by learned A.P.P. that
the petitioner ought to have made the application earlier for the
purpose of verification of the averments made in the petition, the
application is required to be considered today in view of the date of
the marriage already fixed. Learned counsel Mr.Saiyad has pointed
out that he had drafted the application on 20.6.2011 and filed it on
23.6.2011, but due to requirement of constitution of this bench
specially for the purpose
of hearing this matter, he could not immediately press the
application for urgent orders.
2. Having
regard to the facts and circumstances of the case, the application is
partly allowed and Rule is made absolute with the declaration that
the petitioner is permitted to go out of Gujarat for the period from
today till 02.07.2011. Direct service today.
Sd/-
(
D.H.Waghela, J.)
Sd/-
(
M.D.Shah, J.)
(KMG
Thilake)
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