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CR.MA/13644/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13644 of 2011
In
CRIMINAL
MISC.APPLICATION No. 14945 of 2006
=========================================
KANABHA
NATHABHA GADHVI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
EKANT G AHUJA for
Applicant(s) : 1,
MR P K JANI, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 30/09/2011
ORAL
ORDER
1. Counsel
for the applicant pointed out that the applicant was granted bail by
order dated 26.10.2004 passed in Criminal Misc. Application No. 9497
of 2004 subject to certain conditions including that the applicant
shall not enter Bhachau Taluka. Said condition, however, was deleted
by subsequent order dated 28.01.2005 passed in Criminal Misc.
Application No. 112 of 2005. Yet again by order dated 20.04.2007
passed in Criminal Misc. Application No. 14945 of 2006, following
condition was reproduced while not entertaining the application for
cancellation of bail of the applicant:
“(f) not
enter into the revenue limits of Bhachau taluka without prior
permission of this Court, but for attending the Court in
connection with this case, he will be free to enter the
limits leave the limits soon thereafter the matter is
adjourned.”
2. Counsel
submitted that the applicant has been acquitted in the criminal case
on the basis of which the bail cancellation was prayed for. He
submitted that father of the applicant was killed and the accused
have been convicted. He further submitted that the original case, in
which the applicant has been released on bail, is pending since 2004.
He further requested that condition of not entering into Bhachau
taluka limits may be deleted.
3. Considering
facts and circumstances of the case, above noted condition No. (f) in
order dated 20.04.2007 is deleted. Rule is made absolute. Direct
service.
[AKIL
KURESHI, J.]
JYOTI
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