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CR.MA/5429/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5429 of 2011
In
CRIMINAL
MISC.APPLICATION No. 2865 of 2010
=========================================================
GULAMNABI
MUSTUFA BUMLAWALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MM SAIYED for
Applicant(s) : 1,
MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 27/06/2011
ORAL ORDER
Rule.
Mr. R.C. Kodekar, learned APP waives service of rule on behalf of the
opponent.
Having
regard to the facts and circumstances of the case, the application is
taken up for hearing today.
This
is an application preferred by the applicant seeking modification of
condition no. 6[f] of the order dated 16.4.2010 passed by this Court
in Criminal Misc. Application No. 2865 of 2010, by which, this Court
imposed condition on the applicant not to enter the local limits of
Ankleshwar city except for the purpose of marking presence till the
trial is over. Learned advocate submitted that since the order is
passed by this Court on 16.4.2010, no untoward incident has taken
place and charge-sheet is already filed in the matter. In view of the
aforesaid facts and circumstances, it is submitted by the learned
advocate that condition no.6[f] imposed by this Court be deleted.
Mr.
R.C. Kodekar, learned APP submitted that if the condition as prayed
for is deleted, then, the entire purpose of imposing condition would
be frustrated and therefore, the application deserves to be rejected.
Having
considered the rival submissions and on perusal of the averments made
in the application, since the order dated 16.4.2010 is passed by this
Court, no untoward incident has taken place and even the charge-sheet
is filed in the matter. Therefore, the application is allowed and
condition no. 6[f] of the order dated 16.4.2010 passed in Criminal
Misc. Application No. 2865 of 2010 is deleted. Save and except the
aforesaid modification, no other modification is prayed for. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
[H.B.
ANTANI, J.]
pirzada/-
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