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CR.MA/14386/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14386 of 2009
In
CRIMINAL
MISC.APPLICATION No. 5906 of 2004
=========================================================
KEYUR
MAHENDRABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AD DESAI for
Applicant(s) : 1,MR BHADRESH C PATEL for Applicant(s) : 1,
MR KL
PANDYA APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 29/01/2010
ORAL ORDER
Rule.
Learned APP Mr Pandya waives service of notice of Rule.
2. The
applicant has come out with this application making following prayers
:-
(A) Alternatively,
Your Honour may be pleased to allow this application and temporarily
suspend condition no.2(e) and (g) from the order granting bail to the
applicant on 15.7.2004 in Cr. M.A. No.5906 of 2004 for a period of
two months to enable the applicant to start procedure of registering
his name for the said meeting and submitting his passport for the
purpose of clearing visa etc..
(B) Your
Honour may be pleased to grant any other relief as is deemed fit and
necessary in the interest of justice and as the facts and
circumstances of this application demand.
3. It
is his case that on account of his employment he is required to go
abroad and, therefore, condition (e) and (g) may be relaxed for a
period of two months to enable him to make the visit as desired by
his employer.
4. By
an earlier order of this Court, condition (g) was already relaxed and
passport was handed over to the applicant. He has pursued the
procedure and he is granted visa of entry to Vietnam. He has
produced zerox copy of the passport indicating the same.
5. The
learned APP has also got inquiries made and has received a report
that the case is genuine. In this set of circumstances, the
application deserves to be allowed.
6. The
application is allowed. Condition (e) and (g) imposed by this Court
while admitting the applicant to bail requiring him not to leave the
State of Gujarat without prior permission of the Sessions Court
concerned and requiring him to surrender his passport, if any, stand
relaxed for a period of 15 days from now. The applicant shall upon
his return surrender his passport, within a week from the date of
return, as directed earlier by this Court while admitting the
applicant to bail.
Rule
is made absolute accordingly.
Direct
service is permitted today.
(A.L.
DAVE, J.)
zgs/-
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