PATEL DHRUVINKUMAR BHARATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.

(2.) This application is filed for modification of the conditions of the order passed by the 4th Additional Sessions Court, Mahesana dated 04.01.2019 in Criminal Miscellaneous Application No.1620 of 2018. The dispute between the applicant and respondent no. 2 is of a matrimonial nature under Section 498 of Criminal Procedure Code, 1973.

(3.) Initially, the applicant was ordered to be enlarged on bail by order dated 02.12.2015 wherein condition no.3 restricted the movement of the applicant within India. Thereafter, by subsequent order vide order dated 19.12.2016 in Criminal Miscellaneous Application No.1079 of 2016, in partial modification by imposing a condition of deposit of Rs.50,000/-, the applicant was permitted to travel abroad for a limited period. After expiry of such period, the applicant had once again returned to India. Thereafter, again by an order dated 29.12.2016 in Criminal Miscellaneous Application No.1406/2017, the applicant was permitted to travel out of India for the period of one year and was also ordered to furnish a Bank Guarantee Rs.7,00,000/-. The bank guarantee was ordered to be furnished on the ground that a separate proceedings for maintenance are pending wherein the Court concerned has passed an order of maintenance for the respondent no.2 as well as for the son.