[1] Rule.
Learned APP Mr.L.B.Dabhi, waives service of notice of rule for respondent-State.
[2] This application is filed by the applicant praying for deletion of conditions 5(d) and (e) imposed by this Court vide order dated 16.10.2008 passed in Criminal Miscellaneous Application No.10935 of 2008.
[3] Heard learned advocate for the applicant and learned APP for the State.
[4] Considering the fact that the charge sheet is filed, no untoward incident is reported against the applicants during this period and that there is no breach of conditions imposed vide the aforesaid order, this application is partly allowed. The condition 5(d) imposed by this Court vide order dated 16.10.2008 passed in Criminal Miscellaneous Application No.10935 of 2008 is hereby deleted. The condition no.5(e) is modified to the following extent:
"5(e) not leave India without prior permission of the Sessions Judge concerned."
Rule is made absolute to the aforesaid extent.
[M.D.Shah, J.] satish Top