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CR.RA/268/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 268 of 2010
=========================================================
DASHRATHBHAI
BHOLIDAS PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YOGESH LAKHANI, SR.ADVOCATE WITH MR PRAVIN GONDALIYA
for
Applicant(s) : 1,
MR LB DABHI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 11/05/2010
ORAL
ORDER
1. Rule.
Mr.L.B.Dabhi, learned APP waives service of notice of rule on behalf
of respondent-State. With the consent of the learned advocate for the
applicant and learned APP for the respondent-State, this application
is taken up for final hearing today.
2. By
this application the applicant has sought deletion of conditions No.5
and 6 imposed by learned Additional Sessions Judge and Fast Track
Court, Surat on 5.3.2004 in Criminal Misc. Application No.365 of
2004.
3.
It is submitted by learned Senior Counsel Mr.Lakhani for the
applicant that similarly situated co-accused was also released on
bail on identical condition and this Court by order dated 6.7.2004 in
Criminal Misc. Application No.5147 of 2004 and order dated 15.5.2009
in Criminal Misc. Application No.3523 of 2009 in Criminal Misc.
Application No.129 of 2004 deleted the conditions. It appears from
the copies of the orders that the conditions were deleted as amount
was repaid and the Bank had issued `No Due Certificate’. In the
instant case the applicant has produced no due certificate dated
13.4.2007 at Annexure D page 29. It also appears that
similarly situated co-accused were released on bail on the same
conditions and this Court deleted the conditions. Therefore as the
present applicant is similarly situated and on ground of parity also
the conditions No.5 and 6 imposed by the learned Additional Sessions
Judge and Fast Track Court, Surat imposed in Criminal Misc.
Application No.365 of 2004 are required to be deleted.
4.
In the result, this application is allowed. The conditions No.5 and
6 imposed by learned Additional Sessions Judge and Fast Track Court,
Surat on 5.3.2004 in Criminal Misc. Application No.365 of 2004 are
deleted. Rule is made absolute to that extent. Direct service is
permitted.
[BANKIM
N.MEHTA, J.]
syed/
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