Pooja vs The State of Gujarat

A.L. Dave, J.—Rule. Mr. Prachchak, learned A.P.P. for respondent State waives service of notice of rule.

Heard learned Senior Advocate, Mr. Shethna for the applicant and learned A.P.P. for State.

The applicant came to be arrested in connection with offence registered being C.R. No. I-132 of 2004 registered with Bapunagar Police Station for offence punishable under Sections 406, 409, 419, 420, 461, 467, 468, 471 and 120(B) of the Indian Penal Code and under the provisions of the Prevention of Corruption Act. She came to be released by an order of this Court passed on 29/10/1994 in Criminal Misc. Application No. 9734 of 2004 upon certain conditions.

Now by this application, the applicant seeks modification of Conditions Nos.d, f and g on the ground that she proposes to go to United States of America for pursuing further studies and therefore, these conditions may be either deleted or may be suitably modified.

The conditions imposed are as under:

d) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;

f) furnish the address of her residence at the time of execution of the bond and will not change the residence without prior permission of this Court;

g) surrender her passport, if any, to the lower Court within a week.

Learned Advocate, Mr. Shethna, for the applicant submitted that the applicant has a bright career behind her and a bright future, if the modification is granted. Her role in the alleged offence is nominal even as per prosecution case and that her career may be saved from being ruined. Mr. Shethna, submitted that the applicant would abide by any direction of this Court and would be available for trial.

On specific question by the Court, Mr. Shethna, on instructions indicated that the course that the applicant proposes to undertake is for atleast two years. However, the applicant will appear before the trial Court as and when required.

Mr. Shethna, submitted that the applicant had preferred an application for discharge before the trial Court which has been rejected and a Criminal Revision Application challenging that order is pending for admission before this Court.

Learned A.P.P. is heard.

This Court has taken into consideration the annexures to the application and other relevant aspects. In the opinion of this Court, it is premature to examine whether the applicant can be permitted to go abroad, as the applicant is yet not granted any Visa by the U.S. Embassy. However, in peculiar circumstances of the case, partial modification can be considered at this stage.

Condition No. g can be modified by directing the concerned Court to handover the passport to the applicant to enable her to pursue her application for Visa. Condition No. d can be modified to the extent that the applicant would be permitted to visits State of Maharastra to enable her to appear for interview before the U.S. Embassy.

The application is, therefore, partly allowed. The applicant''s passport is directed to be handed over to her temporarily for a period of 03 (three) weeks during which time she can apply for Visa and if she does not get Visa, she shall re-surrender the passport to the Lower Court.

The conditions requiring the applicant not to leave the State of Gujarat is relaxed for a period of 03 (three) weeks permitting her to visit Mumbai.

Rest of the prayers cannot be considered at this stage being premature.

Rule is made accordingly. Direct Service is permitted.