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CR.MA/11691/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11691 of 2008
In
CRIMINAL
MISC.APPLICATION No. 871 of 2008
=========================================================
SULTANSHA
@ BHAILU SATTARSH PATAN - Applicant
Versus
THE
STATE OF GUJARAT - Respondent
=========================================================
Appearance :
MR
YJ PATEL for Applicant: 1,
MS
FALGUNI PATEL ADDL PUBLIC
PROSECUTOR for Respondent:
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 07/10/2008
ORAL
ORDER
Rule.
Ms. Patel, learned APP waives service of Rule on behalf of
respondent State. By consent, Rule is fixed forthwith.
The
applicant, who has been enlarged on bail pursuant to the order made
on 29.1.2008 in Criminal Misc. Application No. 871 of 2008 has
approached this Court for modification of the condition of marking
presence for the reasons stated in the application.
Ms.
Patel, learned APP has submitted that as such the prayer made cannot
be effective as the trial has already begun.
In
view of aforesaid, the condition of marking presence is hereby
deleted from the order dated 29.1.2008 passed in Criminal Misc.
Application No. 871 of 2008. Rest of the conditions remain same.
This application is accordingly allowed. Rule is made absolute to
the aforesaid extent. Direct service permitted.
(S.R.BRAHMBHATT,
J.)
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