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Judgment
Vipul M. Pancholi, J
Rule. Learned APP, Mr. Chintan Dave waives service of notice of Rule on behalf of respondent-State.
This application is filed for modification of Condition No.9(b) imposed by this Court while passing an order dated 02.09.2021 passed in Criminal Misc. Application No.15485 of 2021, by which, while granting anticipatory bail to the applicant herein, he was directed to remain present at concerned Police Station on 09.09.2021 between 11.00 a.m. and 2.00 p.m., which was subsequently modified by this Court vide order dated 15.09.2021 passed in Criminal Misc. Application (Modification of Order) No.1 of 2021.
Heard learned advocate, Mr. Bhargav P. Dangar for the applicant and learned APP Mr. Chintan Dave for the respondent - State.
Learned advocate for the applicant submitted that by an order dated 02.09.2021, the applicant has been granted anticipatory bail in connection with an FIR being C.R. No.11191037210658 of 2021 registered with Odhav Police Station, Ahmedabad City for the offenses punishable under the provisions of Prohibition Act and he was directed to remain present before the concerned Police Station on 09.09.2021 between 11.00 a.m. and 2.00 p.m., however because of certain medical reasons the applicant could not remain present before the concerned Police Station and therefore, the applicant had filed an application being Criminal Misc. Application No.1 of 2021 for modification of the said condition. This Court vide order dated 15.09.2021, modified the said condition and thereby, applicant was directed to remain present on 22.09.2021 before the concerned Police Station. However, on the said date also for the reasons stated in the application, the applicant could not remain present before the Police Station and, hence, it is urged to modify the said condition. Learned advocate for the applicant further submits that the applicant is ready and willing to abide by any condition that may be imposed by this Court while modifying the said condition.
Learned advocate for the applicant under the instructions submitted that no other FIR is registered against the applicant after the applicant was enlarged on anticipatory bail by this Court. Under the instructions, it is further submitted by learned advocate that now the applicant will remain present before the concerned Police Station on 13.10.2021.
On the other hand, learned APP Mr. Chintan Dave has stated that appropriate order may be passed considering the facts of the case.
In view of the submissions canvassed by learned advocates appearing for the parties and in view of the averments made in the application, the present application stands allowed. Now, the applicant shall remain present before the concerned Police Station on 13.10.2021 between 11.00 a.m. and 2.00 p.m. All other conditions shall remain unaltered.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.