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CR.MA/746/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 746 of 2011
In
CRIMINAL
MISC.APPLICATION No. 4790 of 2010
In
SPECIAL CRIMINAL APPLICATION No. 2124 of 2007
=========================================
DEVANG
PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================
Appearance
:
MR PR NANAVATI for Applicant(s)
: 1,
MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
MR BHARAT T RAO for Respondent(s) : 2,
None for
Respondent(s) : 3 - 5.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 10/02/2011
ORAL
ORDER
Rule.
Learned APP Mr. K.P. Raval waives service of rule for respondent No.
1 and learned advocate Mr. Sojatwala for learned counsel Mr. B.T. Rao
waives service of rule for respondent No. 2.
2. Heard
learned advocate Ms. Contractor for learned counsel Mr. P.R. Nanavaty
for the applicant and learned APP Mr. K.P. Raval and for respondent
No. 1 and learned advocate Mr. S.M. Sojatwala for learned counsel Mr.
B.T. Rao for respondent No. 2.
3. The
present application has been filed for a direction that the amount of
Rs. 5,00,000/- which has been ordered to be deposited as per the
order passed in Criminal Misc. Application No. 4790 of 2010 in
Special Criminal Application No. 2124 of 2007 dated 14.5.2010 may be
released in view of the averments stated that it was only by way of
deposit and therefore it is required to be released when the passport
has been surrendered again.
4. As
it transpires, in view of the order passed in Criminal Misc.
Application No. 4790 of 2010 in Special Criminal Application No. 2124
of 2007 dated 14.5.2010 the amount was deposited as and by way of
deposit and it was a condition imposed for the purpose of releasing
the passport which as now been surrendered again. Therefore, in
light of this, the amount which has been deposited is required to be
returned.
5. Accordingly,
the present application stands allowed. Prayer in terms of Para 4(B)
is granted. The amount of Rs. 5,00,000/- deposited as per the order
passed in Criminal Misc. Application No. 4790 of 2010 in Special
Criminal Application No. 2124 of 2007 dated 14.5.2010 before the
Registry of this Court is ordered to be released and returned to the
applicant. Rule is made absolute.
D.S.
Permitted.
(Rajesh
H. Shukla, J.)
(hn)
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