Vaseem Salahuddin Toorabally (Japanwala) vs State Of Gujarat

Gita Gopi, J

Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent State.

By way of this application, the applicant has prayed to quash and set aside the order dated 04.05.2021 passed by the Court of learned 27th

Additional Chief Judicial Magistrate, Vadodara in Criminal Misc. Application No.1295 of 2021 whereby, the said application has been rejected.

The facts in brief are that on 04.12.2019 a complaint being C.R. No. I-126 of 2019 came to be registered against the applicant herein and others

with Wadi Police Station, Vadodara for the offences punishable under Sections 406, 420, 120B and 34 of IPC. In connection with the said FIR, the

applicant came to be arrested and was, subsequently, released on regular bail by the Court below vide order dated 07.12.2019. While releasing the

applicant on regular bail, the Court below imposed a condition, by way of condition no.(b), by which the applicant was restrained from leaving the

territory of India without the prior permission of the Court.

Learned advocate Mr. P.P. Majmudar for the applicant submitted that the applicant is holding the Residency Card of Japan and has been residing in

Japan since last several years. He submitted that the Residency Card of Japan has to be renewed every seven years and that the applicant has been

renewing his Residency Card on regular basis. The said Residency Card is due to expire on 04.06.2021. He submitted that the applicant is aged about

80 years and that if the applicant does not get his Residency Card renewed, then it would be difficult for him as also for his family to get the Card

renewed later, as his family members are also the Residents of Japan. It was, therefore, prayed that condition no.(b) imposed by the Court below may

be deleted or suspended for suitable period.

Heard learned advocates on both the sides and perused the material on record. Vide Annexure-E, the applicant has produced xerox copy of the

Residence Card issued by the Government of Japan, which reveals that the applicant is a Permanent Resident of Japan. The period of validity of the

said Card is up to 04.06.2021. The FIR in question was registered against the applicant on 04.12.2019 and he was released on regular bail by the

Court below 07.12.2019. Since his release on regular bail, no complaint or FIR has been registered against the applicant. Considering the facts and

circumstances of the case, this Court is of the opinion that no prejudice would be caused to the prosecution if said condition no.(b) of the order

granting regular bail to the applicant is suspended for suitable period.

For the foregoing reasons, the application is allowed. The order dated order dated 04.05.2021 passed by the Court of learned 27th Additional Chief

Judicial Magistrate, Vadodara in Criminal Misc. Application No.1295 of 2021 is quashed and set aside. The condition of bail, i.e. condition no.(b),

imposed by the Court below in the order dated 07.12.2019 shall remain suspended for a period of ONE YEAR from today. Before undertaking his

journey to Japan, the applicant shall provide all details, including his residential address with all contact numbers in Japan, to the Investigating Officer

concerned, along with a copy of the Undertaking that has already been filed by him before the Court below. No soon as the applicant returns to India,

he shall intimate about the same in writing to the Court below. Accordingly, the order passed by the Court below granting bail to the applicant stands

modified to the above extent. Rule is made absolute. Direct service is permitted.