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CR.MA/5430/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5430 of 2011
In
CRIMINAL
MISC.APPLICATION No. 4940 of 2003
=================================================
MUKESHBHAI
CHAMPAKLAL BABU - CHAIRMAN & DIRECTOR OF MUKESH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance :
MR
PM THAKKAR Senior Advocate for M/S THAKKAR ASSOC. for Applicant(s) :
1,
MR JK SHAH APP for Respondent(s) : 1,
MR YN RAVANI for
Respondent(s) : 2,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 29/04/2011
ORAL
ORDER
This
application for temporary suspension / modification of the condition
Nos.4 & 9 of the order dated 22.08.2003 passed by this Court in
Criminal Misc. Application No.4940 of 2003. The said condition Nos.4
& 9 reads as under:-
“4. On
every 1st &
15th date of
English Calendar month during the period from 10.00 a.m to 5.00 p.m.,
the petitioner shall appear before CBI, Mumbai and shall mark his
presence.
9. The
petitioner shall surrender his pass-port to the PSO of the aforesaid
police station, if any”
Mr
PM Thakkar, learned Senior Advocate for the applicant submits that
the applicant needs to visit foreign countries for business purpose
and in para 7 of the application, tentative schedule of visit along
with dates and names of the countries is given and it is submitted
that unless exempted by the court concerned from appearance or
attending the trial, the applicant shall remain present before the
court as and when required.
Heard
learned counsel Mr YS Ravani appearing for the respondent No.2 –
CBI and Mr JK Shah, learned APP for the respondent -State.
Having
heard learned counsel for the parties and considering the facts and
circumstances of the case, I deem it just and proper to keep the
condition Nos. 4 & 9 of the order dated 22.08.2003 passed by this
Court in Criminal Misc. Application No.4940 of 2003 in abeyance for a
period of six months subject to the condition that the applicant
shall furnish his detailed itinerary to the Court and CBI –
respondent and No.2 and shall file undertaking that unless exempted
by the court concerned from appearance or attending the trial, the
applicant shall remain present before the court as and when required.
This
application is allowed to the aforesaid extent only.
[Anant
S. Dave, J.]
*pvv
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