- (1.) Heard both sides. The Petitioner/Respondent No. 1 herein has filed the criminal miscellaneous petition to modify the order dated 27th September, 2012, passed by this Court in Criminal Appeal No. 1503 of 2012, by deleting the condition incorporated therein, which requires the Petitioner to mark his presence on every alternate Saturday of every month before the Central Bureau of Investigation.
(2.) In support of the above petition for modification, the Petitioner has stated that all along he has been complying with the said conditions and it is also stated that the criminal case has been transferred to Mumbai. It is also brought to our notice that the case has been committed to Sessions Court. In addition to same, the Petitioner has informed that now he has been elected as a member of the Gujarat Legislative Assembly and has also been appointed as the General Secretary of Bhartiya Janta Party.
(3.) Taking note of the materials placed and in the absence of any complaint made on behalf of the C.B.I. that after the order dated 27th September, 2012, no untoward incident occurred at his instance, we are inclined to modify the said order. Accordingly, the condition in the order dated 27th September, 2012, in paragraph 30 of the order is modified. The other conditions shall stand. The criminal miscellaneous petition is disposed of.;