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Judgment
11 paragraphs · 356 wordsM. R. Mengdey, J
The Applicant has preferred this Application for modification of Condition Nos. 8(c) and 5(d) imposed by this Court vide order dated 4.10.2024 in Criminal Miscellaneous Application No. 7254 of 2024 while granting regular bail. The said Conditions read as under:
"5(c) surrender passport, if any, to the Trial Court within a week;
5(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;"
Heard learned Advocate for the Applicant and learned APP appearing on behalf of the Respondent - State.
Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.
Learned Advocate for the Applicant has submitted that the Applicant is desirous of traveling to Uganda as the business of his family members business is situated there. He therefore prayed to suspend the aforesaid two conditions for a period of one year.
Learned APP has opposed the Application contending and submitted to dismiss the present Application.
This Court has considered the submissions canvassed by learned advocate for the Applicant. Though the Application is filed for seeking the relief of modification of conditions in question, instead of filing Criminal Misc. Application the Applicant has preferred Special Criminal Application invoking jurisdiction under Article 226 of the Constitution of India.
6.1 Be that as it may, having regard to the cause shown in the Application, the Application is partly allowed. The conditions in question are suspended for a period of six months, on condition that the applicant shall deposit an amount of Rs. 2,00,000/- (Rupees Two Lac) before the concerned trial Court and the Applicant shall deposit the passport within a period of one week after return from abroad. On returning the passport, the trial Court shall release the amount of Rs. 2,00,000/- (Rupees Two Lac) to the applicant, after due verification. Rest of the conditions shall remain as it is. Present applicant is also directed to furnish details of tour program before concerned trial Court. The Applicant is permitted to travel abroad during the said period.
Rule is made absolute to the aforesaid extent. Direct service permitted today.