ISMAIL ADAM MITHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant-original respondent No.2 (in Appeal) has filed the present application praying that; -

(2.) RULE was issued on 19.3.2012 returnable today. Learned APP Mr L R Pujari submitted that earlier this applicant had filed Criminal Misc. Application No.11009 of 2007 wherein an order was passed by this Court [Coram: Hon'ble Mr Justice Anil R Dave and Hon'ble Mr Justice H.B. Antani] (as Their Lordships then were) on 3.10.2007 whereby on conditions enumerated in para 7 of that order he was allowed to travel abroad. For ready perusal para 7 of that order is reproduced hereunder:

(3.) LEARNED APP further submitted that despite that restrictions, the applicant had defaulted and his amount of Rs. Two Lakhs was forfeited. Besides, learned APP submits that on enquiry it is found that an offence under section 338 of the Indian Penal Code is registered against the present applicant being C.R.I-73 of 2011 at Nabipur police station on 20.9.2011 wherein he was arrested at 3.45 p.m. on 22.9.2011 and thereafter he is on bail.