(1.) RULE. Mr. Dipan Desai learned APP waives service of notice of rule for the State Government.
(2.) CONSIDERING the facts and circumstances, it appears that it is an undisputed position that the applicant has marked presence before the concerned Police Station, and matter is filed in the concerned Criminal Court, and the matter is pending and therefore, the applicant may be required to remain present in the Court proceedings. Hence, condition for marking presence before the Police Station, can be relaxed. No other adverse circumstances are brought to the notice of this Court by the State.
(3.) HENCE, earlier order dated 11. 12. 2003 passed by this Court in Criminal Misc. Application No. 4059 of 2003 is modified to the effect that the applicant shall not require to mark his presence as ordered in condition no. (d) of the paragraph No. 8 of the order, but shall be required to remain present in the Court on the date fixed.