Heard learned advocate for the applicant.
2. Rule.
Mr. J.K.Shah, learned APP waives service of notice of rule for respondent - State of Gujarat in each of the applications.
3. The applicant, who has been abiding by the conditions imposed by this Court in bail orders, prayed to modify condition of marking presence. The details of marking presence of the applicant, in each of the applications, are as under:
Application No.
Details of bail order Condition Police Station CR.MA No. 3371/2012 CR.MA No.4100/2011 order dated 18.04.2011 [d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender Month between 11.00 a.m. And 2.00 p.m. Dhansura, Sabarkantha CR.MA No. 3372/2012 CR.MA No.11253/2011 order dated 26.08.2011 [v] mark his presence at the concerned Police Station on first Sunday of each month between 10 a.m and 3.00 p.m. till commencement of trial.
Ambaliyara, Sabarkantha CR.MA No. 3373/2012 CR.MA No.11971/2011 order dated 26.08.2011 [v] mark his presence at the concerned Police Station on first Sunday of each month between 10 a.m and 3.00 p.m. till commencement of trial.
Vijaynagar, Sabarkantha CR.MA No. 3374/2012 CR.M.12208/2011 order dated 26.08.2011 [v] mark his presence at the concerned Police Station on first Sunday of each month between 10 a.m and 3.00 p.m. till commencement of trial.
Prantij, Sabarkantha
4. Learned advocate for the applicant submits that the applicant is aged about 61 years and is not keeping good heath. It is further submitted that considering the facts and circumstances of the case, and hardship being faced by the applicant since the applicant has to mark his presence in different police stations, condition, as prayed for, may be modified.
5. Heard learned APP for the respondent - State of Gujarat.
6. Having heard learned advocate for the applicant and learned APP and considering the overall facts and circumstances of the case, coupled with the fact that the applicant is 61 years and has been abiding by the conditions imposed by this Court in the bail orders, I am inclined to allow these applications. Accordingly, condition of marking presence in each of the applications, is modified to the extent that, "the applicant shall mark his presence at Himmatnagar Town Police Station on the first Sunday of every month between 10.00 am and 3.00 pm till commencement of trial".
Rest of the conditions of the bail orders shall remain as they are.
Rule is made absolute to the aforesaid extent only.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top