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CR.MA/4965/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4965 of 2011
In
CRIMINAL
MISC.APPLICATION No. 1022 of 2011
=========================================================
SAIYAD
SALIM MIRSAHEBMIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
TEJAS M BAROT for
Applicant(s) : 1,
MR. R.C. KODEKAR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 20/04/2011
ORAL
ORDER
Rule.
Learned APP, Mr. R.C. Kodekar waives service of notice of Rule on
behalf of respondent no.1-State.
By
way of present application, the applicant has prayed to modify
condition no.(e) of the bail order dated 15.3.2011 passed by this
Court in Criminal Misc. Application No.1022 of 2011.
Heard
learned counsel Mr. Tejas M. Barot for the applicant. Mr. Barot has
contended that since 26.1.2011 there is a bifurcation of Kadi Police
Station and now new police station is established named as Nandasan
Police Station and both the applicant and respondent no.2 are covered
within the area of Nandasan Police Station. Therefore, condition
no.(e) of the order dated 15.3.2011 may be modified to the extent
that now the respondent no.2 shall not enter into the area of
Nandasan Police Station instead of Kadi Police Station.
I
have perused the papers produced before me and also consider the
submissions advanced by Mr. Tejas M. Barot for the applicant. From
the perusal, it appears that since 26.1.2011 there is a bifurcation
between Kadi Police Station and Nandasan Police Station and now the
applicant and the respondent no.2 are covered within the jurisdiction
of Nandasan Police Station. Hence, I am of the opinion that looking
to the bifurcation of police stations, it is appropriate to modify
the condition no.(e) of the bail order dated 15.3.2011.
In
view of above, present application is partly allowed. The respondent
no.2 is directed not to enter in the area of Nandasan Police Station
till the trial is over, except for attending the trial. Rule is
made absolute to the aforesaid extent only.
(Z.K.SAIYED,J.)
Vahid
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