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CR.MA/6757/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6757 of 2011
In
CRIMINAL
MISC.APPLICATION No. 14680 of 2010
=========================================================
VIKAS
NIRMALKUMAR OSWAL (JAIN) - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
BHUSHAN B OZA for
Applicant(s) : 1,
MRS. CM SHAH APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 12/05/2011
ORAL
ORDER
Draft
amendment granted.
1. Rule.
Learned APP waives service of rule on behalf of respondent no.1.
2. This
application has been preferred for extension of the time to surrender
to custody to any day after 16.05.2011.
3. Earlier,
this Court had cancelled the bail granted to the applicant vide order
passed in Cr. Misc. Application No.14680/2010 dated 10.05.2011. While
cancelling the bail, this Court had directed the applicant herein to
surrender to custody within 48 hours. It is in pursuance of the above
order that the present application has been preferred.
4. Heard
learned counsel for the applicant and learned APP for respondent
no.1-State. The applicant has placed on record the copy of Identity
Card along with the Time Table & Acknowledgment Record issued by
The Institute of Chartered Accountants of India to show that
he is appearing in the ensuing exams conducted by the said Institute,
which commenced on 10.05.2011. From the Time Table, it appears that
the said exams would get over on 16.05.2011. Considering the
averments made in the application and in order to see that the career
of the applicant is not ruined, I am of the view that ends of justice
would be served if the applicant is granted time up to 17.05.2011 to
surrender to custody.
5. In
view of the above, the application is allowed. Time to surrender to
custody, in pursuance of the order passed by this Court in Cr. Misc.
Application No.14680/2010 dated 10.05.2011, is extended up to 17th
May, 2011. If the applicant does not surrender to custody on or
before the said date, the investigating agency shall be at liberty to
take appropriate action against him in accordance with law. The
application stands disposed of accordingly. Rule is made absolute.
Direct service today.
[K.
S. JHAVERI, J.]
Pravin/*
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