1. Present petition has been filed by the petitioner for modification of the conditions imposed in the order passed in Misc. Criminal Application No.260 of 2012 by the 4th Additional Sessions Judge, District and Sessions Court, Palanpur on 19.06.2012. One of the conditions was that the applicant accused may not enter the area of his residence till the charge-sheet is filed.
2. Learned Advocate Mr.A.H. Chhoriya submitted that the wife of the petitioner is staying alone with two daughters, and there are no other relatives. He has submitted that the petitioner may be released, or in the alternative, direction may be issued by this Court for filing the Charge-sheet early. Though such submission has been made by the learned advocate for the petitioner, it is without any base. The petitioner having accepted the order of the bail subject to the conditions, which have been imposed in the order dated 19.06.2012 of the District and Sessions Court, Palanpur, now desires to get out of those conditions, and therefore, in the name of family circumstances he has filed this Criminal Misc. Application for modification of the condition imposed in the order dated 19.06.2012 and prayed that this condition may be deleted. This cannot be permitted considering the facts and circumstances. Similarly, submission made by the learned advocate for the petitioner that direction may be issued for filing the charge-sheet early also cannot be entertained.
3. In light of the settled legal position and considering the facts and circumstances of the present case, the charge-sheet is required to be filed within the prescribed period, and therefore, any such prayer to issue the direction to file charge-sheet early cannot be entertained. Therefore, present application deserves to be dismissed and accordingly stands dismissed in limine.
(RAJESH H. SHUKLA, J.) mehul Top