Rule.
Ms.
Maithali Mehta, learned APP waives service of rule on behalf of the State.
This is an application preferred for modification of condition nos. 4 and 5 as imposed by this Court vide order dated 12th May 2011, passed in Criminal Misc. Application No. 6737 of 2011, in connection with an offence registered with Ditwas Police Station, District-Panchmahal, being C.R. No. I-11 of 2011.
Mr.
Saiyed, learned advocate appearing for the accused-applicant submitted that since past one year the accused-applicant has been marking his presence at Ditwas Police Station on every second and 4th Sunday of the month, as directed by this Court.
Mr.
Saiyed, however, submitted that the distance between the residence of the accused-applicant and the Police Station where the accused-applicant has been marking his presence is around 60 Kilometers. Under such circumstances he requested the Court to delete the condition of marking presence or modify the same appropriately.
Accused-applicant is a resident of Village Santrampur, which is situated in Panchmahal District. The accused-applicant can be asked to mark his presence at Santrampur Police Station once in a month on every 4th Sunday between 10:00 am to 2:00 pm. Ms.
Maithali Mehta, learned APP submitted that there shall not be any difficulty if the accused-applicant marks his presence at Santrampur Police Station, District-Panchmahal.
The condition is accordingly modified to the above extent. So far as condition no. 5 i.e. of not leaving State of Gujarat without prior permission of the Sessions Judge concerned, it remains unordered.
It is needless to clarify that in the event if the accused-applicant wants to leave State of Gujarat for any reason, it is always open for him to seek permission from the Sessions Judge concerned.
Registry is directed to send writ of this order to Santrampur Police Station, District-Panchmahal.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA,J.) deepak Top