Premjikumar Keshavjibhai ... vs Daxaben

1. Heard Mr. Mrugen K. Purohit, learned advocate for the applicant.

2. Draft amendment tendered by the applicant is allowed. Amendment be carried out forthwith.

3. The present Criminal Revision Application has been preferred by the applicant challenging the order dated 13/1/2016 passed by the learned Principal Judge, Family Court, Rajkot, in Criminal Misc. Application No.1602 of 2008.

4. Mr. Mrugen Purohit, learned advocate for the applicant states that by preferring the above referred Criminal Misc. Application No.1602 of 2008, initially the applicant has prayed for enhancement of the amount upto Rs.8,500/- per month and subsequently, the application at Exh.88 was pending for hearing and without Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue May 03 03:03:09 IST 2016 R/CR.RA/281/2016 ORDER giving any opportunity of hearing to the respondents, the Court has allowed the application and passed the present impugned order. Upon instructions, he submits that in order to show the bona fide, the applicant is ready to deposit an amount of Rs.4,00,000/- on or before 3/5/2016 and another amount of Rs.4,00,000/- on or before 8/6/2016 before the trial court and requested to allow the amended prayer para 11(B).

5. In view of the above, upon the applicant depositing an amount of Rs.4,00,000/- on or before 3-5-2016, the Registry is directed to issue notice, returnable on 9-6-2016. The applicant shall deposit further amount of Rs.4,00,000/- on or before 8-6-2016. Accordingly, the judgment and order dated 28-4- 2016 passed by the learned Principal Judge, Family Court, Rajkot, in Criminal Misc. Application No.110 of 2016 is hereby stayed till the returnable date and the applicant shall be released from jail on furnishing personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand only) before the trial court and necessary yadi to that effect be issued. Mr. K. L. Pandya, learned APP, waives service of notice on behalf of the respondent No.2.

6. Direct service is permitted today.

(G.B.SHAH, J.) RADHAN Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue May 03 03:03:09 IST 2016