(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Rule.
Learned Additional Special P.P. waives service for the respondent.
2. This petition is made after the order dated 29.3.2012 whereby the earlier application was partly allowed and the conditions contained in para 15 (a) and (e) in order dated 13.7.2010 in Cri.M.A.No.6857 of 2010 were suspended for the period of one month from 15.4.2012 to 15.5.2012 on the conditions that were mentioned in the order.
3. Learned counsel Mr.Alvi, appearing for the applicant, submitted that the conditions as aforesaid imposed for temporary suspension of the conditions mentioned in para 15 (a) and (e) of the order dated 13.7.2010, could not be complied on account of difficult financial condition of the applicant and the period for suspension of the conditions was in any case required to be revised.
4. Learned Additional Special Public Prosecutor Mr.Panchal submitted that since the applicant was unable to furnish two solvent sureties for the sum of Rs.50,000/- in terms of the previous order dated 29.3.2012, he was called upon in the Court to name two persons having immovable properties, who would stand surety for the applicant; and such names having been supplied, the whereabouts and financial standing of the proposed sureties have been verified by proper enquiry by the police. Therefore, there was no objection to modifying the previous order so as to permit temporary suspension of the conditions on the applicant submitting undertaking of the sureties to the effect that the named sureties would pay the amount of Rs.50,000/- each in case the petitioner does not return to Gujarat in time or violates any other conditions on which he was released on bail pending the appeal.
5. Accordingly, the application is allowed and the previous order dated 29.3.2012 is modified to the extent that the conditions contained in para 15 (a) and (e) in the order dated 13.7.2010 in Cri.M.A.No.6857 of 2010 shall stand suspended for the period from 16.5.2012 to 18.6.2012 on condition that the petitioner shall submit to the police station concerned full details of the proposed journey and addresses of his destination before leaving the State of Gujarat, and report to the police station concerned immediately on returning to Gujarat. The other conditions contained in para 15 (a) and (e) shall also be effective after the petitioner returns to Gujarat. In place of solvent sureties, the undertakings submitted before this Court, of which details are verified by learned Additional Special Public Prosecutor, are accepted and shall be enforced in case of any default on the part of the petitioner. Rule is made absolute. Direct service.
Sd/-
( D.H.Waghela, J.) Sd/-
( N.V.Anjaria, J.) (KMG Thilake) Top