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CR.MA/10094/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10094 of 2010
=========================================================
YESHABEN
JYOTIR VYAS NEE YESHABEN SURESHBHAI JOSHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
TS NANAVATI for
Applicant(s) : 1,
MR SHIVANG J. SHUKLA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 13/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for modification of the
conditions imposed while releasing the applicant on anticipatory bail
as per the order dated 24.04.2007 passed in Criminal Misc.
Application No. 1420 of 2007 by the learned Addl. Sessions Judge,
Ahmedabad City. The condition Nos. 3 and 4 inter alia provided as
under:
(3) If
the applicants hold the passports, they shall deposit the same in
original before the investigation officer within three days and shall
also undertake that they shall not either themselves or through
another person, apply for new or duplicate passport, after depositing
the original one as aforesaid.
(4) The
applicants shall not leave the limits of Gujarat State without prior
permission of this Court.
2. However,
learned Advocate Mr. Nanavati submitted that as she has married, she
may be permitted to live with her husband which requires the
modification of the conditions and she may be permitted to live in
the territory of India.
3. Learned
A.P.P. Mr. Shivang J. Shukla has stated that there is no difficulty
for modification of the condition of allowing her to live with the
husband outside the territory of Gujarat at Bombay. However, the
condition No. 3 with regard to the passport may not be modified to
which learned Advocate Mr. Nanavati has no objection.
4. Having
heard the learned Advocate Mr. Nanavati for the applicant and learned
A.P.P., the condition No. 4 imposed while releasing the applicant on
anticipatory bail as per the order dated 24.04.2007 in Criminal Misc.
Application No. 1420 of 2007 shall stand deleted and applicant is
permitted to live outside the state of Gujarat with her husband.
However, condition No.3 with regard to the passport shall remain as
it is.
5. Accordingly,
the present application stands allowed partly. Rule made absolute to
the aforesaid extent. Direct service permitted.
(RAJESH
H. SHUKLA, J.)
jani
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