The present application has been filed by the applicant-accused praying for deletion of condition no.6(e) imposed while releasing the applicant on bail as per the order passed in Criminal Misc. Application No.2781/2011 dated 18.03.2011, which reads as under :-
"(e) mark his presence before the concerned Police Station on the first Monday of every calendar month between 11.00 am to 2.00 pm till the trial commences."
Heard learned counsel, Mr.Asifkhan Pathan for the applicant and learned APP Mr.H.L. Jani for the respondent-State.
Learned counsel, Mr.Pathan has stated that in case of co-accused, another coordinate bench (Coram : Akil Kureshi, J.) deleted the condition as per the order passed in Criminal Misc. Application No.14235/2011 dated 14.10.2011. He further submitted that in the facts and circumstances of the present case, the applicant has all throughout marked the presence and has complied with the conditions and, therefore in the interest of justice, it may be deleted as he is also young person.
On instruction, learned APP Mr.Jani has stated that summons are issued and the trial is about to commence.
In the circumstances and considering the aforesaid aspects, the present application deserves to be allowed.
Accordingly, this application stands allowed in terms of Para No.8(B). The Condition No.6(e) imposed as per the order passed in Criminal Misc. Application No.2781/2011 dated 18.03.2011 is hereby deleted. All other conditions will remain unaltered.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top