RULE.
Mr.J.K.Shah, learned APP waives service of notice of rule for and on behalf of the State.
By way of this Application, the applicant - original accused has prayed for modification/deletion of condition No.(e) imposed by this Court while releasing the accused-applicant on regular bail in connection with the offences registered with Varachha Police Station vide CR No.I-80 of 2011.
As per the condition imposed in the order passed by this Court dated 12th May 2011 in Criminal Misc. Application No.6121 of 2011, the accused-applicant has to mark his presence before the concerned Police Station on 1st and 4th Sunday between 10:00 a.m. and 5:00 p.m. Ms.Srushti Thula, learned advocate appearing for the applicant submitted that the accused-applicant was ordered to be released on 12th May 2011 and almost more than one year has elapsed and he has been scrupulously complying with all the conditions which were imposed by this Court at the time of releasing the applicant on bail. However, Ms.Thula requested that so far as condition No.(e) is concerned, the same deserves to be modified appropriately as marking of presence twice in a month is causing lot of hardship to the applicant and his business is also being affected.
Having heard learned counsel for the respective parties and having gone through the materials on record, it is difficult for me to accede to the request of Ms.Thula to delete the entire condition No.(e) as, taking into consideration the nature of the case, marking of presence at the concerned Police Station would be essential.
However, on the facts and in the circumstances of the case, instead of marking presence twice in a month, the accused-applicant shall mark his presence before the concerned Police Station on every 1st Sunday of a month between 10:00 a.m. and 5:00 p.m. Condition No.(e) is accordingly modified to this extent. All other conditions shall remain as they are and the accused-applicant shall abide by the same.
Rule made absolute to the aforesaid extent. Direct service is permitted.
(J.B.Pardiwala, J.) /moin Top