Heard learned advocate for the applicant.
Rule.
Mr. H.L.Jani, learned Additional Public Prosecutor waives service of notice of rule for respondent - State.
By way of present application, the applicant seeks deletion/modification of condition No.6(f) of the order dated 16th November, 2011 passed in Criminal Miscellaneous Application No.13855 of 2011. Condition No.6(f) reads as under:
"[f] mark his presence twice at Modasa Rural Police Station on every 15th and 30th day of each English Calendar month between 09.00 hours and 14.00 hours."
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.
Heard Mr.Jani, learned Additional Public Prosecutor for the respondent-State and also perused papers produced before me.
Having heard learned advocate for the applicant and learned Additional Public Prosecutor 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 this application. Accordingly, condition of marking presence 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 order shall remain as they are. Rule is made absolute to the aforesaid extent only. Direct service is permitted.
(Z.
K. Saiyed, J) Anup Top