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Gujarat High Court · body

2017 DIGILAW 1702 (GUJ)

Percy Erach Pestonji v. State of Gujarat

2017-10-03

N.V.ANJARIA

body2017
ORDER : N.V. ANJARIA, J. 1. Rule returnable forthwith. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent state. In the facts and circumstances of the case, the applicati on is taken up for consideration today itself. 2. Heard learned advocate Ms. Kruti Shah for the applicant and learned Additional Public Prosecutor Mr. Manan Mehta for the State. 3. By filing this Criminal Miscellaneous Application, applicant has prayed to delete condition No. 7(f) which provides for marking presence at Mandvi Police Station, Surat, once in month or Suspend the said condition for a further period of year. 4. The said condition was imposed as per order dated 20 August, 2014 in Criminal Miscellaneous Application No. 12286 of 2014. By the said order, the applicant was granted regular bail in connect ion with the First Information Report No. I - 137 2013 registered with Mandvi Police Station, Surat in respect offences punishable under Sections 406, 420, 465, 467, 468, 471, 34 and 120B of the Indian Penal Code, 1860. 5. Earlier, the applicant had filed Criminal Misc. Application No. 14605 of 2016 with similar prayer. Another Criminal Misc Application No. 6695 of 2017 was filed subsequently containing similar prayer. Both the said applications were allowed and the condition about marking presence at Mandvi Police Station, Surat, was suspended for six months and was made renewable depending upon the circumstances and situation. Now the present application is filed making prayer as above. 6. The ground which is mentioned in this application is similar to one urged in the earlier applications. Extracting from para-9 of the application, it reads, “…the petitioner is permanent resident of Mumbai and has been working at Mumbai as Insurance Consultant with New India Assurance Company Limited and Film Production House. The petitioner is suffering from Neurological problems as he had met with Serious Major Road Accident and was Severely Operated by opening of skull of totally Damaged and Fractured Skull which contains Stitched Brain and Clots in the Brain Neurons. Additionally, had a Stomach Diseases in past years and also under Regular Treatments for other Health Problems and that his Mother aged 73 years old and she is suffering from hypertension, Severe Arthritis, Digestive System Disorder and Operations of hands and legs were done in past years.” 7. Additionally, had a Stomach Diseases in past years and also under Regular Treatments for other Health Problems and that his Mother aged 73 years old and she is suffering from hypertension, Severe Arthritis, Digestive System Disorder and Operations of hands and legs were done in past years.” 7. It is further stated that petitioner has been marking presence at Byculla Police Station, Mumbai as directed by this court in order dated 15.03.2017 passed in Criminal Misc. Application No. 6695 of 2017. Thereby it was submitted that the applicant has been a law abiding citizen and has been acting in compliance of the courts order by regularly marking presence. 8. The reasons advanced by the applicant is that he has been suffering from Neurological problems and ailment still persists. He is to undergo regular medical treatment. Mother is 73 years old who also has been suffering from various ailments. The circumstances which were urged earlier, have continued and have stand aggravated with the passage of time. 9. As a result of the above discussion, the prayer in this application deserves to be considered. It is therefore directed condition requiring the applicant to mark presence at Mandvi Police Station, Surat once in a month shall remain suspended and shall not operate for a period of one year hereinafter. In other words, marking of presence by the applicant at Mandvi Police Station, Surat is exempted for the said period of one year from today. It is further directed that the applicant shall continue to report before the Byculla Police Station, Mumbai which is in the area where the applicant is residing as per the earlier directions given in order dated 15.03.2017 in Criminal Misc. Application No. 6695 of 2017. 10. This Application is disposed of in the aforesaid terms. Rule is made absolute as above. 11. Direct service is permitted.