Gujarat High Court Case Information System
Print
CR.MA/8867/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8867 of 2008
In
CRIMINAL
MISC.APPLICATION No. 6951 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8870 of 2008
In
CRIMINAL
MISC.APPLICATION No. 6952 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8871 of 2008
In
CRIMINAL MISC.APPLICATION No.
6953 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8873 of 2008
In
CRIMINAL MISC.APPLICATION No.
6954 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8875 of 2008
In
CRIMINAL MISC.APPLICATION No.
6955 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8876 of 2008
In
CRIMINAL MISC.APPLICATION No.
6956 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8878 of 2008
In
CRIMINAL MISC.APPLICATION No.
6957 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8879 of 2008
In
CRIMINAL
MISC.APPLICATION No. 6958 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8881 of 2008
In
CRIMINAL MISC.APPLICATION No.
6959 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8882 of 2008
In
CRIMINAL MISC.APPLICATION No.
6960 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8884 of 2008
In
CRIMINAL MISC.APPLICATION No.
6961 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8886 of 2008
In
CRIMINAL MISC.APPLICATION No.
6962 of 2003
With
CRIMINAL
MISC.APPLICATION No. 8887 of 2008
In
CRIMINAL MISC.APPLICATION No.
6963 of 2003
=========================================================
MUSTUFAMIYA
AHMEDMIYA MALEK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MK VAKHARIA for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 23/07/2008
ORAL
ORDER
Rule.
Mr. LR Pujari learned APP waives service of notice of rule for the
State of Gujarat.
The
present applications are for modification of the earlier order dated
25.3.2004-15.4.2004 passed by this Court in the concerned Criminal
Misc. Application.
Heard
Mr. Vakharia learned Counsel for the petitioner and Mr. LR Pujari
learned APP for the State Authority.
Considering
the facts and circumstances, as it appears that the chargesheet is
filed and the matter is pending before the concerned Criminal Court,
the petitioner will have to mark presence, at the time of trial
before the concerned Court, and therefore condition No. 19(d) may
not be required. So far as the condition No. 16(e) is concerned, it
has been submitted by the learned Counsel for the petitioner that
the petitioner may be required to go outside the State of Gujarat
for business purpose and therefore, in view of the existing
condition it is causing hardship.
Considering
the facts and circumstances, as the trial is pending, such condition
can be modified to the effect that as and when the petitioner is
required to leave the State of Gujarat, he may be required to inform
the concerned Police Station, the place he is to stay outside the
State of Gujarat and after he comes back from the said place and he
is available in State of Gujarat can also be informed to the
concerned Police Station. The aforesaid would ensure his presence,
and also movement, if at all required to control at the appropriate
stage.
In
view of the above, earlier order dated 25.3.2004-15.04.2004 passed
by this Court is modified to the effect that the petitioner shall
not be required to mark presence before the concerned police station
as per condition No. 19(d), but shall remain present at the time of
trial before the trial Court.
Further,
condition No. 19(e) shall get substituted by the condition that as
and when the petitioner has to leave State of Gujarat, he shall
inform the place to the concerned Police Station, at which he is
going to stay outside the State of Gujarat and after such
intimation, he shall be at the liberty to go outside the State of
Gujarat and further after the petitioner enters the State of
Gujarat, the same shall also be intimated to the concerned Police
Station.
All
the applications are allowed to the aforesaid extent. Rule made
absolute accordingly.
(JAYANT PATEL, J.)
Suresh*
Top