This is an application for modification of condition imposed by this Court vide order dated 29.7.2011 in Criminal Misc. Application No. 10528 of 2011. The accused applicant herein was arrested in connection with an offence registered with Vapi Town Police Station, Valsad vide C.R No. I-82 of 2011 for the offences punishable under Sections 143, 147, 148, 149, 307 and 452 of IPC.
By way of this application the accused applicant has prayed that condition No. 5(4) imposed by this Court vide order dated 29.7.2011 to the extent that the accused applicant was restrained from entering the revenue limits of Vapi Town till completion of the trial except for the purpose of attending the case and for marking presence at the concerned Police Station be deleted.
Ms.
Trivedi, learned Advocate appearing for the accused applicant submitted that almost 9 months have passed since the time the accused applicant was released on bail. It is also submitted that the accused applicant has scrupulously abided all other conditions and further undertakes that he will not indulge in any unlawful activity. Ms. Trivedi submitted that the entire family of the accused applicant is residing in Vapi and therefore, the accused applicant may be permitted to enter the revenue limits of Vapi Town except the place where the injured is actually carrying on business. According to Ms. Trivedi, the injured i.e. the original first informant is carrying on business in a vegetable market situated at Ward No. 9/939 behind Sangam market, Najbai Road, Fish market, Vapi.
Mr. Shah, learned APP submitted that the entire condition No. 5(4) may not be deleted but may be modified to the extent that the accused applicant shall not enter the area nearby vegetable market situated at Ward No. 9/939 behind Sangam market, Najbai Road, Fish market, Vapi.
In the facts and circumstances of the case condition 5(4) imposed by this Court vide order dated 29.7.2011 in Criminal Misc. Application No. 10528 of 2011 stands modified to the extent that the accused applicant will not enter the area surround vegetable market situated at Ward No. 9/939 behind Sangam market, Najbai Road, Fish market, Vapi till the conclusion of the trial. All other conditions shall remain as the same and the accused applicant shall abide by the same scrupulously. Rule is made absolute. Direct service permitted.