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     ITEM NO.26                                  COURT NO.3                       SECTION II-B

                                  S U P R E M E C O U R T O F              I N D I A
                                          RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 13347/2018

     (Arising out of impugned final judgment and order dated 23-03-2018
     in CRLMA No. 30392/2017 passed by the High Court Of Gujarat At
     Ahmedabad)

     AARIFHUSSAIN                                                                  Petitioner(s)
                                                         VERSUS

     THE STATE OF GUJARAT & ANR.                                                   Respondent(s)

     (FOR ADMISSION and IA No.66915/2018-EXEMPTION FROM FILING O.T. and
     IA No.66914/2018-PERMISSION TO FILE SLP)

     Date : 14-05-2018 This petition was called on for hearing today.






     CORAM :
                            HON'BLE MR. JUSTICE RANJAN GOGOI
                            HON'BLE MRS. JUSTICE R. BANUMATHI

     For Petitioner(s)                   Mr. Haresh Raichura, AOR
                                         Ms. Saroj Haresh Raichura, Adv.
                                         Mr. Kalp Raichura, Adv.

     For Respondent(s)

                             UPON hearing the counsel the Court made the following
                                                O R D E R

                                  Permission      to    file   special    leave    petition   is

                           granted.

                                  Application for exemption from filing official

                           translation is allowed.

                                  The only grievance agitated before us is with

                           regard to the condition of grant of bail stipulated in
Signature Not Verified
                           paragraph     13[e]     of    the   High      Court    order   dated
Digitally signed by
NEETU KHAJURIA
Date: 2018.05.14
17:56:36 IST
Reason:                    23.03.2018.

                                  Learned counsel submits that as a trial is being

                           held in the City Sessions Court at Ahmedabad, condition
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13[e],    which     is    in    the   following    terms,     virtually

exempts the accused appearing before the trial Court :

       "13[e]     shall not enter into the limits of
                  Ahmedabad District until conclusion of
                  the proceedings."


         Instead     of     entertaining       this     special   leave

petition which may delay the trial we are of the view

that the        petitioner should       move the       High Court   for






recall of the aforesaid order.

         The High Court, as and when approached, will

pass     orders    in     the    matter   as    may     be   considered

appropriate.

         Special leave petition is disposed of in the

above terms.



 (NEETU KHAJURIA)                                       (ASHA SONI)
   COURT MASTER                                       BRANCH OFFICER