RAJNIKANTBHAI @ RAJUBHAI SHANTILAL SHAH Versus STATE OF GUJARAT ================================================================ Appearance:
MR CHIRAG B PATEL for the PETITIONER(s) No. MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE Date : 13/01/2020 IA ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
2. This application is filed for modification of the date to mark presence as prescribed by the order of anticipatory bail.
3. Learned Advocate for the applicant submitted that by an order dated 04.12.2019 in Criminal Miscellaneous Application No.20414/2019, the applicant was granted anticipatory bail with a direction in Clause 6.(b) to remain present before the concerned Police Station on 06.12.2019. Page 1 of 3 Downloaded on : Mon Jan 13 20:54:51 IST 2020
R/CR.MA/20414/2019 IA ORDER By a separate order dated 24.12.2019 passed in Criminal Miscellaneous Application No.1/2019 in Criminal Miscellaneous Application No.20414/2019, the order for remaining present before the concerned Police Station was modified and the applicant was directed to remain present on 27.12.2019.
4. Learned Advocate for the applicant submits that that applicant was to mark his presence on the modified date, i.e. 27.12.2019 before the concerned Police Station. However, in connection with another offence, the applicant was arrested on 24.12.2019 and now the applicant is even released in the offence where he was arrested on 24.12.2019. Hence, the applicant is now praying for modification of the order dated 24.12.2019 so that the applicant can mark his presence on another date.
5. Learned Additional Public Prosecutor opposes the grant of the application.
6. I have considered the submissions advanced and have perused the records of the case. Considering the chronology of the incident indicating that the applicant was incapable of marking his presence on 27.12.2019 as per the order dated 24.12.2019 passed in Criminal Miscellaneous Page 2 of 3 Downloaded on : Mon Jan 13 20:54:51 IST 2020 R/CR.MA/20414/2019 IA ORDER Application No.1/2019 in Criminal Miscellaneous Application No.20414/2019, on account of his arrest on 24.12.2019 in connection with another offence bearing C.R. No.I-231/2019 with Panigate Police Station as now, the applicant has now been enlarged in connection the aforesaid offence, it is now provided that the applicant now mark his presence on 17th JANUARY, 2020 in connection with C.R. No.I-153/2019 with 'B' Division Police Station, Junagadh.
7. The application is allowed in the aforesaid terms. Rule made absolute. Direct Service is permitted.
(A.Y. KOGJE, J) CAROLINE Page 3 of 3 Downloaded on : Mon Jan 13 20:54:51 IST 2020