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CR.MA/12076/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12076 of 2011
In
SPECIAL
CRIMINAL APPLICATION No. 431 of 2010
=========================================================
YUVRAJSINH
NARENDRASINH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
AD SHAH for
Applicant(s) : 1 - 2.
Mr.M.L.Lavkumar, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 26/08/2011
ORAL
ORDER
Rule.
Ms.M.L.Lavkumar waives service of notice of rule for respondent.
This
application is filed praying for the following reliefs:
“(I) that the Hon’ble
Court may be pleased to extend the time period granted by the learned
JMFC, by modifying the order to the extent that both the petitioners
may be permitted to stay outside India as required by their employing
companies during the pendency of Special Criminal Application
No.431/2010 on suitable terms and conditions;
(II) that the order of the
learned JMFC, directing the petitioners to return to India on or
before the completion of period of six months and deposit the
passports may be modified by extending the period for one year to
enable the petitioners to fulfill the commitment of employment with
their companies.”
Heard the learned
advocates for the parties.
Considering
the facts and averments made in the application, this application is
allowed in terms of paragraph 6(ii). The order passed by the learned
J.M.F.C. dated 1.9.2010 directing the petitioners to return to India
on or before the completion of period of six months i.e. 31.8.2011
and deposit the passports is modified to the extent that the period
to deposit the passports is extended for a period of one year to
enable the petitioners to fulfill the commitment of employment with
their companies.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(
M.D.Shah, J )
srilatha
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