R/CR.MA/20406/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20406 of 2019
DIVYABEN KANTIBHAI PATEL
Versus
STATE OF GUJARAT
Appearance:
MR DHARMESH R PATEL(5592) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 13/11/2019
ORAL ORDER
1. RULE. Learned APP Mr.L.B.Dabhi waives service
of Rule on behalf of the respondent-State.
2. This application under Section 439(1) of the
Criminal Procedure Code is filed for modifying /deleting
condition Nos.3 and 5 of order dated 08.10.2018 passed by
the Sessions Court, Arvalli at Modasa in Criminal
Misc.Application No.1577 of 2018. The said conditions
pertain not to leave State of Gujarat without the
permission of the trial Court and to surrender passport
before the concerned Police Station.
3. The applicant along with other persons is
accused of offence registered at Modasa Mahila Police
Station for offences under Sections 498A, 323, 504,
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R/CR.MA/20406/2019 ORDER
506(2) and 114 of the Indian Penal Code and Sections 3
and 4 of the Dowry Prohibition Act. By the aforesaid
order, the applicant was ordered to be enlarged on
anticipatory bail.
4. Learned Advocate for the applicant submitted
that the applicant is a lady accused. It is submitted
that the applicant has completed her studies up to BDS
and now she wants to do further study in the course
called “Master of Health Administration, Policy and
Leadership” at Australia. Learned Advocate invited
attention of the Court to the admission letter at
Annexure-C to the application. It is submitted that as
the applicant is a student, it is very difficult for her
to file application after application to modify the
aforesaid conditions.
4.1 It is submitted that the applicant had
approached Sessions Court by filing Criminal
Misc.Application No.475 of 2019, which was allowed by
order dated 15.07.2019 and the said conditions were
relaxed for a limited period. Thereafter, the applicant
again approached the Sessions Court by filing Criminal
Misc.Application No.895 of 2019, which came to be
rejected by order dated 24.09.2019.
4.2 It is submitted that till date, there is no
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R/CR.MA/20406/2019 ORDER
breach reported of any of the conditions by the applicant
and the applicant is also regularly remaining present as
and when asked for.
5. Learned APP opposes the application submitting
that presence of the applicant would be necessary during
the course of trial.
5. Having heard learned Advocates for the parties
and having perused the documents on record, it appears
that the applicant is a lady accused and is granted
anticipatory bail by the Sessions Court vide order dated
08.10.2018 in Criminal Misc.Application No.1577 of 2018.
It also appears from the documents that and as submitted
by learned Advocate for the applicant that the applicant
has completed her studies up to BDS and now she wants to
do further study at Australia and being a student, it is
very difficult for her to file application after
application to modify the aforesaid conditions. The
Sessions Court has also exercised discretion and modified
the conditions for a limited period. It is also reported
that till date, there is no breach of any of the
conditions by the applicant.
6. In view of the above, the application is
allowed. Condition Nos.3 and 5 of order dated 08.10.2018
passed by the Sessions Court, Arvalli at Modasa in
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R/CR.MA/20406/2019 ORDER
Criminal Misc.Application No.1577 of 2018 are hereby
ordered to be deleted. It is directed as under:-
I. The passport of the applicant be handed
over to her after due verification.
II. The applicant is directed to file an
undertaking before this Court within a
period of one week to the effect that she
will remain present before the trial Court
as and when asked for.
III. The applicant is directed to file detailed
itinerary on affidavit before the trial
Court on each and every occasion of her
leaving the country for abroad.
7. This order will come into effect only after the
applicant files undertaking before this Court as
aforesaid. The other conditions remain unaltered.
8. Rule is made absolute.
Direct service is permitted.
(A.Y. KOGJE, J)
SHITOLE
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