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Divyaben Kantibhai Patel vs State Of Gujarat on 13 November, 2019

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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