Rule.
Learned APP, Mr. H.L. Jani waives service of notice for respondent no. 1- State.
Present application has been filed by the applicant for modification of the condition no. 7(g)imposed as per the order passed in Crl. Misc. Application No. 9796 of 2010, dated 22.10.2010 while releasing the applicant on bail which reads as under :-
"(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial is commenced."
Learned Advocate, Mr.S.A. Qureshi states that the applicant has been marking his presence regularly, however it is causing great hardship as he has to look after his family circumstances. Therefore, condition may be suitable modified.
Learned A.P.P., Mr. H.L.Jani submitted that condition may not be deleted but it may not be modified.
In the facts and circumstance the present application deserves to be allowed to the extend the modification of the condition. The condition no. 7(g) instead of making presence every month he shall mark presence in a quarter of four months beginning from January, May and September before the concerned Police station.
The present Application stands allowed with the aforesaid direction. Rule is absolute.
(RAJESH H. SHUKLA,J).
FH.
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