Mamtaben Mukeshbhai Chhippad & 1 v. State of Gujarat
2017-02-03
B.N.KARIA
body2017
DigiLaw.ai
ORDER : B.N KARIA, J. Rule returnable forthwith. Learned APP Shri K.P Raval appears and waives service of notice of rule for and on behalf of the respondent-State of Gujarat. 2. Heard learned advocate Shri Zakir Belim for Shri Viral M. Pandya, learned advocate for the applicants and learned APP Shri K.P Raval appearing for and on behalf of the State. 3. This Application is preferred by the applicants for modification of Condition 7 [b] of the Oral Order dated 30th December 2016 passed in Criminal Misc. Application [For Anticipatory Bail] No. 34820 of 2016, whereby, the applicants were directed to remain present at the concerned Police Station on 4th January 2017 between 11:00 am and 2:00 pm. 4. On the ground that the applicant no. 1 was suffering from severe backache and hyper-tension, and therefore, the pplicant no. 1 had to visit Dr. Omprakash Taneja at his Clinic situated at Memnagar, Ahmedabad, she had pleaded that she could not remain present before the Police Station on the given date. Likewise, on the ground that presence of applicant no. 2 was necessary to look after his ailing sister i.e., applicant no. 1, he too could not attend the Police Station on the given date, a prayer is hereby made to modify condition no. 7 [d] of the Oral Order dated 30th December 2016. 5. In support of the ground pleaded, the applicants have produced on record medical certificate dated 3rd January 2017 issued by Dr. Omprakash R. Taneja, certifying the ailment of the applicant no. 1. 6. Learned APP Shri K.P Raval has strongly objected to the arguments advanced on behalf of the applicants and submitted that liberty granted in favour of the applicants has been misused as there is no serious ailment apparent from the medical case papers produced on the record. Hence, it was requested by learned APP to dismiss the present application. 7. Having heard learned advocates appearing on behalf of the respective sides and perusing the medical certificate produced on the record, condition no. 7 [b] of the Oral Order dated 30th December 2016 passed in Criminal Misc.
Hence, it was requested by learned APP to dismiss the present application. 7. Having heard learned advocates appearing on behalf of the respective sides and perusing the medical certificate produced on the record, condition no. 7 [b] of the Oral Order dated 30th December 2016 passed in Criminal Misc. Application [for Anticipatory Bail] No. 34820 of 2016 granting anticipatory bail to the applicants herein in connection with FIR, being C.R No. I-202 of 2016 registered with amol Police Station, District Ahmedabad for the offence punishable under Sections 354 [d], 323, 294 [b], 114 of the Indian Penal Code and Sections 11 [4] and 12 of the Prevention of Children from Sexual Offences Act, deserves to be modified. 8. Accordingly, Criminal Misc. Application is allowed. Condition No. 7[b] of the Oral Order dated 30th December 2016 passed in Criminal Misc. Application [for Anticipatory Bail] No. 34820 of 2016 is hereby modified to the extent that the applicants shall now remain present at the concerned Police Station on 7th February 2017 between 11:00 am and 2:00 pm., on condition that the applicants shall deposit a sum of Rs. 2,000/- (Rupees Two Thousand only) with the Gujarat State Legal Services Authority, High Court of Gujarat Campus, Ahmedabad prior to their appearing before the concerned Police Station. 9. Rule nisi made absolute. No costs.