Heard learned advocate for the applicant.
2. By way of present application, the applicant seeks deletion of condition No.4 (e) of the order dated 14.6.2010 passed in Criminal Miscellaneous Application No.5518 of 2010 and modified vide an order dated 23.3.2011 passed in Criminal Miscellaneous Application No.3663 of 2011. While aruging this matter he has also prayed to modify condition 4(d). Condition Nos.4(d) and 4(e) reads as under:
"(d) not leave the State of Gujarat without the prior permission of the Sessions court concerned;
(e) mark his presence at the concerned Police Station twice in a month i.e. on 1st and 15th day of every English calendar month between 9.00 AM and 2.00 PM. till the trial is over;"
3. Heard Mr.P.B.Barot, learned counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for respondent-State.
4. In view of averments made in the application, present application is allowed. Accordingly, condition No.4(d) is modifided to the following extent :-
"4(d) not to leave India without the prior permission of the concerned Court."
The condition No.4(e) of the of the order dated 14.6.2010 passed in Criminal Miscellaneous Application No.5518 of 2010 and modified vide an order dated 23.3.2011 passed in Criminal Miscellaneous Application No.3663 of 2011 is hereby deleted. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top