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SCR.A/1449/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1449 of
2010
=========================================================
SUNIL
CHANDRAKANT JHAVERI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 2.
MR MAULIK G NANAVATI ASST. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 04/08/2010
ORAL
ORDER
1. RULE.
Mr. Maulik G. Nanavati, learned APP, waives service of notice of rule
on behalf of respondent-State.
2. The petitioner Nos.
1 and 2 are husband and wife, who are original accused Nos. 2 and 3
in a complaint at Annexure-A , lodged by the wife
of the brother of the petitioner No.1. They were granted anticipatory
bail by the Sessions Court. They, thereafter, applied for regular
bail and were granted regular bail. However the condition Nos. 2 and
4 of the bail order dated 30.10.2009 was that they should not leave
the country without the permission of the Court and should surrender
their passports.
3. Counsel for the
petitioners submitted that the petitioners hold Indian passports and
they have been traveling abroad frequently in the past, for business
and social reasons. He, therefore, prayed that the said conditions be
deleted. Such an application was also moved before the Sessions
Court, which was, however, turned down by the learned Additional
Sessions Judge.
4. Considering the
submissions made and looking to the allegations made in the
complaint, as also the alleged role played by the petitioners, the
said conditions are required to be deleted and the same stand
deleted.
5. However, while
deleting the condition Nos. 3 and 4 of the order dated 30.10.2009, it
is further provided that the petitioners shall inform the concerned
Court, before traveling abroad, about the dates during which they
shall be out of the country, and shall also report their return.
6. With the above
directions, the petition is disposed of. Direct service is
permitted.
(AKIL
KURESHI, J.)
Umesh/
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