ARVINDBHAI CHATURBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Advocates appearing for the respective respondents waive service of notice of Rule.

(2.) This application is filed with a prayer to modify the order dated 22.09.2017 passed in Criminal Miscellaneous Application No.1789/2017 and also to delete conditions No.8.[g] and 8.[h] of the order of this Court dated 04.09.2017 passed in Criminal Miscellaneous Application No.20390/2017. These conditions are as under:-

(3.) Learned Advocate for the applicant Mr. B.M. Mangukiya submitted that the investigation has proceeded substantially and it is only a case under the provisions of Prevention of Corruption Act for which punishment is also minimal and therefore, the conditions which are sought to be deleted are onerous conditions especially when marriage ceremony of the eldest daughter of the applicant is to be performed. It is submitted that by virtue of earlier orders in this application, the applicant was permitted to enter the limits of Bhavnagar City by partial modification of condition No.8.[g] for attending the engagement ceremony of his daughter as well as in the applicant's capacity as an elected representative. It is submitted that during this period, no untoward incident was reported. It is further argued that condition No.8.[h] which pertains to recording of voice samples cannot be permitted to stand in view of the judgment of this Court holding such recording of voice sample without consent as illegal.