Shivshankar Ramkailash Vishvakarma v. State of Gujarat
2017-07-03
A.Y.KOGJE
body2017
DigiLaw.ai
ORDER : A.Y. KOGJE, J. RULE. Learned Additional Public Prosecutor Mr. H.K Patel waives service of notice of Rule on behalf of the respondent - State. 2. This application is for temporary suspension of condition No. 2.f) imposed by the learned 6th Additional Sessions Judge, Surat by an order dated 02.02.2017 in Criminal Miscellaneous Application No. 529/2017. Under the said condition No. 2.f), the applicant was restrained from leaving the State of Gujarat without the prior permission of the Court. 3. Learned Advocate for the applicant submits that the applicant has to attend to his ailing parents who are residents of the State of Uttar Pradesh and they are suffering from several aged related ailments for which the presence of the applicant is necessary to attend them. Learned Advocate for the applicant states that on affidavit, the applicant has stated about the illness of his father. He also assures this Court that as and when the presence of the applicant is necessary for the purpose of trial he shall remain present before the Trial Court. He submits that such suspension of the above condition may be restricted to a period of six months. 4. Learned Additional Public Prosecutor Mr. H.K Patel has opposed this application for suspension of condition No. 2.f) on the ground that the offence is very serious in nature and that the condition imposed is by an order which is recently passed and since the Sessions Case number is given to the trial the trial would now proceed at a fast pace and hence, the presence of the applicant would be necessary. 5. Having considered the submissions of both the sides and considering the fact that the applicant has to attend his aged parents who are residing at Uttar Pradesh, and are suffering with age related diseases, the condition No. 2.f) of the order dated 02.02.2017 passed in Criminal Miscellaneous Application No. 529/2017 is suspended for a period of six (6) months from today. 6. The applicant shall submit to the trial Court, the details of his presence in Uttar Pradesh by way of an affidavit and also an undertaking before trial Court that as and when the presence of the applicant is necessary, he shall remain present before the trial Court. The applicant shall also furnish two (2) local solvent sureties aggregating to an amount of Rs.
The applicant shall also furnish two (2) local solvent sureties aggregating to an amount of Rs. 1,00,000/- (Rupees One Lakh Only) to the satisfaction of the trial Court. 7. The application stands allowed accordingly. Rule made absolute. Direct Service is permitted.