A SATAR A MUSABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.D.C.Sejpal, learned Additional Public Prosecutor waives service of notice of RULE on behalf of respondent State of Gujarat. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the application is being heard and finally decided, today.

(2.) THIS application has been filed with a prayer to delete/modify conditions Nos.8 (d) and 8(e) in order dated 15.4.2009 rendered in Criminal Misc. Application No.4238/2009. The applicants had filed the above-mentioned application for grant of bail under section 439 of the Code of Criminal Procedure, in connection with offences registered vide F.I.R. being C.R.No.I-180 of 2008, registered with Kodinar Police Station, under sections 498-A, 306, 304-B and 34 of the Indian Penal Code. The Court had granted bail to the applicants by imposing certain conditions, and the relevant two conditions are reproduced as under : "8. d) shall mark their presence before the Investigating Officer of the concerned Police Station on 6th March,2009 and thereafter on 15th and 30th of every English calendar month, between 10:00 am and 5:00 pm, till the commencement of the trial. The Investigating Officer will ensure the presence of a Senior lady Police Officer, at all times, when the applicant No.2 namely Jubedaaben wife of A.Satar Musabhai marks her presence. e) shall not leave the local limits of the State of Gujarat without the prior permission of the concerned Sessions Judge;"

(3.) MR.D.C.Sejpal, learned Additional Public Prosecutor has opposed the deletion of the above two conditions on the ground that the same were accepted by the applicants at the time of grant of bail. He has further submitted that if the applicants want to travel outside the State of Gujarat, they can always take the permission of the concerned Sessions Judge.