Rule. Ms.Krina Calla, learned APP waives service of notice of rule on behalf of opponent-State.
Heard learned advocate for the applicant, Mr.N.D.Gohil and learned APP, Ms.Calla, for the State.
It is submitted by learned advocate for the applicant that the applicant has been scrupulously observing all the conditions imposed by this Court and hence, it is requested that modified condition Nos.2(a) and 2(c) of the order dated 17-12-2008 passed in Cri.Misc.Appln.No.15377 of 2008 in Cri.Misc.Appln.No.11315 of 2008 be deleted.
It is to be noted that the applicant has been released on bail by this Court (Coram: H.B.Antani,J.) vide order dated 12-9-2008 passed in Cri.Misc.Appln.No.11315 of 2008 with certain terms and conditions. Thereafter, condition (a) of not to enter limits of Jamnagar and condition (c) of marking presence were modified with new condition Nos.2(a) and (c) by the Court vide order dated 17-12-2008 passed in Cri.Misc.Appln.No.15377 of 2008. Now this application has been filed for deletion of those conditions.
Respective conditions Nos.2(a) and (c) read as under:
"(a) Not to enter Village Khimaliya, Tal. Dist. Jamnagar till triai is over;
(c) mark their presence at Panchkoshi Police Station, Jamnagar, on any day of every first week of English calendar month between 9.00 a.m. and 2.00 p.m. till the trial is over."
Having regard to the facts and circumstances of the case and in view of the fact that the applicant has been scrupulously observing all the conditions imposed on him, modified condition Nos.2(a) and (c) imposed on the applicant by this Court vide order dated 17-12-2008 passed in Cri.Misc.Appln.No.15377 of 2008 in Cri.Misc.Appln.No.11315 of 2008 are deleted. All the other conditions imposed on the applicant will remain unaltered. Rule is made absolute to the aforesaid extent. D.S. is permitted.
(M.D.SHAH,J.) radhan Top