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CR.MA/2136/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2136 of 2011
In
CRIMINAL
MISC.APPLICATION No. 13041 of 2010
=======================================================
BHARATBHAI
GOKALCHAND SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
PRATIK B BAROT for Applicant(s) : 1,
MR HL JANI APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 25/02/2011
ORAL
ORDER
Rule.
Learned A.P.P. Mr.H.L. Jani waives service of Rule on behalf of the
respondent-State of Gujarat.
The
present application has been filed by the applicant-accused praying
for modification/ relaxation of condition no.7(e) imposed while
releasing the applicant on bail as per the order passed in Criminal
Misc. Application No.13041/2010 dated 18.11.2010, which reads as
under :-
“(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 P.M. till
the trial commences.”
Learned
counsel, Mr.Barot has stated that for relaxation of the condition,
grounds are mentioned in the memo of application inter alia that the
petitioner is leaving for Tirupati and he will be returning back on
17.03.2011. Therefore, he may not be able to mark his presence on
07.03.2011 (1st Monday) as directed by the Court while
releasing him on bail, which may be relaxed.
Having
heard learned counsel appearing for the parties and having
considered the facts of the present case, the present application
deserves to be allowed.
Accordingly,
this application stands allowed. The Condition No.7(e) stands
relaxed only for the purpose of marking presence on 07.03.2011 (1st
Monday). All other conditions will remain unaltered.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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