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Judgment
10 paragraphs · 355 wordsHasmukh D. Suthar, J
1) The applicant has preferred present application seeking following relief :
"(B) YOUR LORDSHIPS may be pleased to direct the Learned Sessions Court, Mehsana to handover the passport bearing Passport No. N3693325 to the applicant herein for period of two months."
2) The applicant is seeking release of his passport for two months while modifying the condition no.6 imposed by coordinate Bench of this Court vide order dated 15.06.2021 in Criminal Revision Application No.387 of 2021, by which the applicant was directed to surrender his passport before the trial Court.
3) Heard learned Advocates appearing for respective parties.
4) Learned Advocate for the applicant has submitted that the applicant has complied with the condition imposed by this Hon'ble Court and on 19.06.2021 the applicant has surrendered his passport bearing No.N3693325, before the learned Sessions Court, Mahesana. He has further submitted that now the applicant wants to renew his passport and hence he has prayed to allow the present application by handing over the passport to the applicant.
5) Learned APP has opposed the application however, has requested to pass appropriate orders.
6) This Court has considered the submissions canvassed by learned advocate for the parties and has also perused the material placed on record. In the facts and circumstances of the present case and having regard to the cause shown in the memo of application, the application is allowed. Accordingly, Condition No.6 of the order dated 15.06.2021 imposed by this Court in Criminal Revision Application No.387 of 2021 is hereby kept in abeyance for a period from 16.04.2026 to 15.06.2026 on the following terms and conditions :
(a) The applicant is directed to deposit Rs.1,00,000/-(Rupees One Lac) with one surety before the concerned Trial Court. On depositing such amount, the trial Court shall hand over the passport to the applicant. The applicant shall redeposit the passport with the learned trial Court after renewal. On returning the passport, the learned trial Court shall release the deposited amount of Rs.1,00,000/- (Rupees One Lac) along with accrued interest to the applicant.
7) Rule is made absolute to the above extent. Direct service is permitted.