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CR.MA/7545/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7545 of 2008
In
CRIMINAL
MISC.APPLICATION No. 7733 of 2007
=========================================================
VIPUL
CHANDRAKANT GOSALIYA - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
MR
HARSHIT S TOLIA for
Applicant:
MR PRADIP D. BHATE, LD. APP for
Respondent:
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 26/06/2008
ORAL
ORDER
Rule.
Mr. Bhate, learned APP waives service of notice of rule for
respondent State. With the consent of learned counsels for the
parties, rule is fixed forthwith.
The
applicant has been enlarged on bail vide order dated 17/7/2007
passed in Criminal Misc. Application No. 7733 of 2007, has applied
for modification of condition no. 7 (d) where under he is restrained
from leaving the State of Gujarat without prior permission of the
Sessions Court. The grounds urged for modification are that he is
in such a profession that he is required to leave the State of
Gujarat frequently. In view of this and in view of the fact that in
respect of other accused similar condition is modified, and
therefore the prayer is made to modify the condition No. 7 (d).
Shri Tolia further states that, let there be a condition that the
applicant will not leave territories of India without prior
permission from the Sessions Court concerned.
This
Court is inclined to accept the application and modify the Condition
No. 7 (d) in Criminal Misc. Application No. 7733 of 2007 dated
17/7/2007. Now instead of ‘not leave the State of Gujarat’; it is
modified to read that ?Sthe applicant shall not leave the
territories of India without prior approval & permission from
the Sessions Court concerned??. Rest of the conditions imposed
in the order dated 17/7/2007 in Criminal Misc. Application No. 7733
of 2007 shall remain the same. Rule made absolute to the aforesaid
extent only. Application is accordingly disposed of. Direct service
permitted.
[
S.R. BRAHMBHATT, J ]
/vgn
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