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Judgment
A.Y. Kogje, J
RULE. Learned APP Mr.L.B.Dabhi waives service of Rule on behalf of the respondent-State.
This application under Section 439(1) of the Criminal Procedure Code is filed for modifying /deleting condition No.7(c) and (d) of order dated
08.07.2016 passed by this Court in Criminal Misc.Application No.13681 of 2016. By the aforesaid order, the applicant was ordered to be enlarged on
regular bail in connection with offence being I-CR No.151 of 2012 registered with Kalupur Police Station, Ahmedabad. The said conditions read as
under:-
“(c) The applicant shall surrender his passport before the trial Court, if he is holding else he shall file affidavit that he does not have passport, within
four days.
(d) The applicant shall not leave the territory of India without prior permission of this Court.â€
Learned Advocate for the applicant submitted that in compliance of the aforesaid condition, the applicant has already deposited his passport before
the trial Court and is also complying with each and every condition and there is no breach reported of any of the conditions. It is submitted that in
future also, the applicant has travelled abroad with permission of the Sessions Court and every time, he has complied with each and every condition
imposed by the Sessions Court.
3.1 It is submitted that the applicant wants to go Oman for his business purpose and therefore, aforesaid conditions are required to be suspended.
Heard learned Advocates for the parties and perused the documents on record. Earlier also, the applicant has visited abroad and returned in time.
Till date, he has complied with each and every condition of bail and there is no breach reported of any of the conditions. The offence is of 2012, where
the applicant has been granted regular bail in 2012 and again in 2016.
In view of the above, the application is partly allowed. Condition No.7(c) and (d) of order dated 08.07.2016 passed by this Court in Criminal
Misc.Application No.13681 of 2016 are hereby ordered to be suspended for a period of six months from today. The following directions are issued:-
(I) It is directed that passport of the applicant be returned back to him after due verification.
(II) The applicant is directed to submit detailed itinerary on affidavit before the trial Court and deposit an amount of Rs.25,000/- as security before the
trial Court before travelling abroad.
(III) The applicant is directed to redeposit the passport again after period of six months.
The other conditions remain unaltered.
Rule is made absolute.
Direct service is permitted.