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CR.RA/182/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 182 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE MD SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
MAHIPATSINH
NARUBHA JADEJA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1 - 2.MS BELA A PRAJAPATI for Applicant(s) : 1 - 2.
MR
LR PUJARI, ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1,
MR
BHARGAV N BHATT for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 25/04/2011
ORAL
JUDGMENT
1. Rule.
Learned APP Mr.L.R.Pujari waives service of notice of rule on behalf
of respondent No.1-State and learned advocate Mr.Bhargav Bhatt waives
service of notice of rule on behalf of respondent No.2.
2. The
petitioner-original accused has filed this application with a prayer
to delete the condition imposed by the learned Presiding Officer and
Additional Sessions Judge, Fast Track Court No.1, Bhavnagar vide
impugned order dated 6.1.2010 passed below Exh.1 in Criminal Misc.
Application No.623 of 2009 whereby the petitioner is restrained to
enter into the local limits of Bhavnagar District till the trial is
over.
3. It
is submitted by learned advocate Mr.Mangukiya for the petitioner –
original accused that present petitioner is working in Amargadh and
one year is already passed and there is no breach of other condition
of the bail order passed by the trial court. It is also submitted by
him that in this matter chargesheet is also filed and now question
does not arise for tampering with the evidence and therefore it is
requested to delete the condition imposed by the learned Presiding
Officer and Additional Sessions Judge, Fast Track Court No.1,
Bhavnagar vide impugned order dated 6.1.2010 passed below Exh.1 in
Criminal Misc. Application No.623 of 2009 whereby the petitioner is
restrained to enter into the local limits of Bhavnagar District till
the trial is over.
4. Learned
advocate Mr.Bhargav Bhatt appearing on behalf of the respondent No.2
– has opposed the same and submitted that the present petitioner is
a head-strong person, and if the said condition is deleted then there
is likelihood of tampering with the evidence as well as daily affairs
of Amargadh (Jithri) Hospital as present petitioner is a union leader
and a head-strong person.
5. This
Court has gone through the impugned order passed by the trial court.
It is an admitted fact that there is no breach of condition as far as
bail order and nothing is adversely reported against present
petitioner and chargesheet is also filed.
6. In
the facts and circumstances of the case, the condition imposed by
the learned Presiding Officer and Additional Sessions Judge, Fast
Track Court No.1, Bhavnagar vide impugned order dated 6.1.2010 passed
below Exh.1 in Criminal Misc. Application No.623 of 2009 whereby the
petitioner is restrained to enter into the local limits of Bhavnagar
District till the trial is over is modified to the effect that the
petitioner is entitled to enter into the local limits of Amargadh,
District Bhavnagar with a condition that he shall mark his presence
before Songadh Police Station on 1st and 15th
of every English Calendar Month till the trial is over.
7. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(M
D SHAH, J.)
syed/
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