Sanjeev Vishavmbhar Agrawal vs State Of Gujarat

A.Y. Kogje, J

RULE. Learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondent-State.

This application under Section 439(1) of the Criminal Procedure Code is filed for deleting condition No.(f) of order dated 03.09.2019 passed by the

7th Additional Sessions Judge, Surat in Criminal Misc.Application No.4910 of 2019. By the aforesaid order, the applicant was ordered to be enlarged

on anticipatory bail in the event of his arrest in connection with offence being I-CR No.345 of 2019 registered with Salabatpura Police Station, Surat

for offences under Sections 406, 420, 120B and 114 of the Indian Penal Code. The said condition No.(f) reads as under:-

“13.(f) not leave India without the permission of the concerned Trial Court and if having passport, shall deposit the same before the Trial Court

within a week;â€​

Learned Advocate for the applicant submitted that in compliance of the aforesaid condition, the applicant has already deposited his passport before

the concerned trial Court and the applicant is also scrupulously complying with other conditions of anticipatory bail.

3.1 It is submitted that the applicant is in the business of dyes and chemicals. It is submitted that the applicant has two sons, out of them, one son is

working in the Unites States of America and another son is staying at Mumbai. It is submitted that due to social obligations, the applicant is required to

travel abroad.

3.2 The applicant had filed Criminal Misc.Application No.235 of 2021 for deletion of the aforesaid condition, which came to be rejected by the 11th

Additional District & Sessions Judge vide order dated 21.01.2021.

3.3 It is submitted that earlier also, the applicant had filed Criminal Misc.Application No.6036 of 2019 before the Sessions Court for deleting condition

No.(b), which pertains to marking of presence. The said application was partly allowed and the applicant was directed to mark his presence once in

six months. The aforesaid order of the Sessions Court was challenged before this Court by filing Criminal Misc.Application No.5075 of 2020 and this

Court was pleased to allow the said application and delete condition No.(b) by order dated 22.10.2020.

3.4 It is submitted that the applicant had also filed Special Criminal Application no.8747 of 2019 for quashing of the aforesaid complaint, wherein, by

order dated 23.09.2019, this Court has issued notice and ordered that investigation may proceed further but charge sheet shall not be filed without prior

permission of the Court.

3.5 It is submitted that the offence is of 2019, wherein the applicant has been granted anticipatory bail and till date, there is no breach reported of any

of the applicant and the applicant is also cooperating with the IO.

Learned APP opposed the application submitting that the condition imposed is just and proper and no deletion is required.

Having heard learned Advocates for the parties and having perused the documents on record, it appears that the applicant is a businessman,

involved in the business of dyes and chemicals. The applicant has two sons, out of them, one son is working in the Unites States of America and

another son is staying at Mumbai. Due to social obligations, the applicant is required to travel abroad. Earlier also, the applicant had filed Criminal

Misc.Application No.6036 of 2019 before the Sessions Court for deleting condition No.(b), which pertains to marking of presence. The said application

was partly allowed and the applicant was directed to mark his presence once in six months. The aforesaid order of the Sessions Court was challenged

before this Court by filing Criminal Misc.Application No.5075 of 2020 and this Court was pleased to allow the said application and delete condition No.

(b) by order dated 22.10.2020.

Moreover, the applicant had also filed Special Criminal Application no.8747 of 2019 for quashing of the aforesaid complaint, wherein, by order dated

23.09.2019, this Court has issued notice and ordered that investigation may proceed further but charge sheet shall not be filed without prior permission

of the Court.

The offence is of 2019, wherein the applicant has been granted anticipatory bail and till date, there is no breach reported of any of the applicant and

the applicant is also cooperating with the IO.

In view of the above, the application is partly allowed. Condition No.(f) of order dated 03.09.2019 passed by the 7th Additional Sessions Judge,

Surat in Criminal Misc.Application No.4910 of 2019 is hereby ordered to be suspended for a period of one year. It is directed that passport of the

applicant bearing No.L7989161 be returned back to the applicant after due verification. The applicant is directed to submit detailed itinerary to the trial

Court as and when he goes abroad. The applicant is also directed to deposit an amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only)

before the trial Court and shall also redeposit the passport after one year. The other conditions remain unaltered.

Rule is made absolute to the aforesaid extent.

Direct service is permitted.