MOHMADSHA MOTISHA DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is moved by the applicant for deletion of condition imposed by this Court, requiring him not to enter districts of Anand, Kheda and Vadodara till the trial is over, while releasing the applicant on bail by order dated 18th September, 2001. The order imposing this condition was carried to the Apex Court and was turned down twice. However, the Apex Court reserved a liberty for the applicant on last occasion to move for deletion of the condition if the trial is not over within a period of one year and if such an application is made, the same would be considered by the court on its own merits without being influenced by earlier dismissal of application or by the said order of the Apex Court.

(2.) Learned advocate for the applicant submitted that the applicant has remained outside the districts for nearly 5 years and even after the last order of the Apex Court, two years have passed. The trial has not yet commenced. The trial is stayed by an order of the Sessions Court because of a revision preferred by the original complainant and one of the co-accused challenging the order passed by the Trial Court under Section 451 of CrPC. The delay is not attributable to the applicant and the trial is likely to take time. Under the circumstances, the condition may be deleted.

(3.) Learned advocate for the applicant has reiterated the grounds while learned APP has opposed this application on the ground that for this very purpose, the applicant is repetitively approaching this Court. The Apex Court has deemed it fit not to interfere with the order and, therefore, the applicant has no case on merits for deletion of condition. This application may, therefore, be rejected. The learned APP has also contended that the trial is delayed not at the behest of the prosecution and, therefore, the applicant cannot take advantage of the order of the Apex Court.