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CR.MA/9965/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9965 of 2008
In
CRIMINAL
MISC.APPLICATION No. 1285 of 2005
In
CRIMINAL
MISC.APPLICATION No. 1285 of 2005
=========================================================
SATISHCHANDRA
AMBALAL BHATT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MITESH R AMIN for
Applicant(s) : 1,MR BN LIMBACHIA for Applicant(s) : 1,
MS.MITA S
PANCHAL, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 04/08/2008
ORAL
ORDER
Rule.
Ms.Mita Panchal, learned A.P.P., waives service of notice of Rule.
Mr.B.N.Limbachia,
learned Advocate for the applicant has filed present application for
deletion of Condition No.17 (iv) and (vi) imposed vide order dated
25th July, 2005 passed in Criminal Misc. Application
No.1285 of 2005 while enlarging the applicant-accused on bail.
Learned
Advocate for the applicant has submitted that since 2005 applicant is
getting his presence marked regularly with Police and case is
committed to the Court of Sessions and it would now result in
hardship and inconvenience to the applicant to get his mark presence
before the Police Station. He, therefore, submitted that
Condition No.17 (iv) imposed vide order dated 25th July,
2005 passed in Criminal Misc. Application No.1285 of 2005 may kindly
be deleted from the said order and applicant may be exempted from
marking his presence before the concerned Police Station.
Learned
Advocate for the applicant has further submitted that Gujarat
University has permitted applicant-accused to retire from his service
and therefore with a view to get his retiremental benefit, the
applicant will have to go to office of Gujarat University for
administrative purpose. He has submitted that unless the applicant
is not permitted to go to Office of Gujarat University, it will not
be possible for him to expedite the things. He has, therefore,
submitted that Condition No.17 (vi) imposed vide order dated 25th
July, 2005 passed in Criminal Misc. Application No.1285 of 2005 may
also be deleted.
Having
considered the totality of the case and facts and circumstances
placed before the Court and considering the fact that investigation
has been over; charge-sheet has already been filed and case is also
committed to the Court of Sessions, present application is partly
allowed. Condition No.17 (iv) imposed vide order dated 25th
July, 2005 passed in Criminal Misc. Application No.1285 of 2005 is
hereby deleted and applicant-accused is exempted from marking his
presence before the concerned Police Station.
So
far as prayer for deletion of condition No.17 (vi) imposed vide order
dated 25th July, 2005 in Criminal Misc. Application
No.1285 of 2005 is concerned, this Court is not inclined to delete
the said condition because considering the nature of allegation made
against the accused and the fact that investigation has been over,
charge-sheet has been filed and departmental proceedings has been
initiated against the applicant-accused in the office of Gujarat
University, it will prejudice to the prosecution as well as to the
departmental proceedings because the applicant was enjoying high
profile at relevant point of time. In this fact situation, learned
Advocate for the applicant does not press this application so far as
prayer for deletion of condition No.17 (vi) is concerned at this
stage.
It
is, however, clarified that rest of conditions imposed vide order
dated 25th July, 2005 passed in Criminal Misc. Application
No.1285 of 2005 shall remain as it is. Rule is made absolute to the
aforesaid extent only.
(C.K.BUCH,
J.)
sompura
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