Rule.
Learned APP Ms. Maithili Mehta waives service of rule on behalf of respondent-State.
This applicant was enlarged on regular bail by this Court vide Oral Order dated 13th September 2012 in Criminal Misc. Application No. 12596/2012. One of the conditions in the said order i.e., condition No.6 (e) is he shall not enter the Vadodara City, till the trial is over, except for attending the Court proceedings.
By means of filing the present application, the applicant has sought to get the said condition No.6(e) modified on the grounds that the trial has not started as yet and the applicant has two young children, a wife and old parents in the family, who are unable to maintain themselves in his absence. Heard learned senior counsel Mr. P. M. Thakkar for the applicant and learned APP Ms. Maithili Mehta for the State.
Learned senior counsel Mr. P. M. Thakkar appearing for the applicant urged that last time, when the applicant moved this Court to relax this condition, he was permitted to approach the Court once again after three months, if the trial does not get completed by then and it is pointed out that the trial has not yet started even.
Learned APP Ms. Maithili Mehta does not dispute such contention.
On having considered submissions of learned advocates for the respective parties and taking into consideration status of the trial and also keeping in mind family condition of the present applicant, condition No. 6(e) of the order dated 13th September 2012 stands deleted. Remaining conditions shall continue to be in force.
Rule is made absolute in the above terms.
Direct service is permitted.
(Ms. SONIA GOKANI, J.) sejal/pt* Page 2 of 2