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CR.MA/7079/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7079 of 2010
In
CRIMINAL
MISC.APPLICATION No. 7956 of 2002
In
CRIMINAL
MISC.APPLICATION No. 7956 of
2002
======================================
NARAYANBHAI
PRABHUDAS KADIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
PS CHAMPANERI for Applicant(s) : 1,
Ms MINI NAIR APP for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 14/09/2010
ORAL ORDER
1.
The present application has been filed the applicant for deletion of
condition imposed while releasing the applicant-original accused on
bail as per order passed in Criminal Miscellaneous Application
No.7956 of 2010. The condition which is sought to be deleted reads as
under:
“(4)
On
every 1st date and 15th date of English Calender month during the
period from 10-00 a.m. to 05-00 p.m. petitioner shall appear before
P.S.O. Of Ghatlodia Police Station of Ahmedabad Rural and shall mark
his presence for which the learned Additional Sessions Judge
Gandhidham shall write a Yadi directing P.S.O. Of Ghatlodia Police
Station, Ahmedabad Rural to keep and maintain a written record for
such presence marked by petitioner.”
2.
Learned advocate Mr.Champaneri therefore submitted that the applicant
is aged about 66 years and he has been marking presence as required
regularly and the trial is not yet commenced after 8 years, and,
therefore, it may be deleted or modified.
3.
Learned APP Ms. Nair for State places on record the report stating
that there are no complaints with regard to any breach of the
conditions and he has been marking his presence regularly.
4.
Having heard learned advocate Mr.Champaneri for the applicant and
Ms.Mini Nair, learned APP and having considered the fact and
circumstances, the present application deserves to be allowed.
Accordingly condition no.4 imposed regarding marking of presence as
stated above shall stand deleted. However, it may be subject to
further condition that applicant will again give a complete details
of his residential premises which he requires to give and shall also
intimate if there is any change.
5.
With above observation and condition, present application is allowed.
Rule is made absolute to the aforesaid extent. Direct Service is
permitted.
(RAJESH
H. SHUKLA, J.)
Amit
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