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CR.MA/12808/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12808 of 2011
In
CRIMINAL
MISC.APPLICATION No. 11176 of 2007
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NITIN
UMESHBHAI YAJNIK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
PM THAKKAR Senior Advocate for M/S
THAKKAR ASSOC. for Applicant(s) : 1,
MR MAULIK NANAVATI AGP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/09/2011
ORAL
ORDER
The
applicant has filed this application for modification / deletion of
condition No.(iii) in the order dated 25.01.2008 passed in Misc.
Criminal Application No.11176 of 2007 passed by this Court in
connection with FIR being CR No.1-4/2003 with Vadodara D.C.B. Police
Station.
2. Mr.
P.M. Thakkar, learned Senior Advocate for the applicant submits that
as against the complaint amount of Rs.10,00,000/- the applicant has
deposited Rs.35,00,000/- before the court and the said amount is
invested in fixed deposits, which is now increased to Rs.50,00,000/-
with cumulative interest accrued on the said deposits.
3. It
is further submitted that applicant has solemnized his marriage with
Heike llen Seeger on 22.01.2010 as per Special Marriage Act. The
wife of the applicant is from Germany and her family is in Germany.
The applicant submits that on 06.08.2010 the father-in-law i.e.
Hans-Dieter passed away in Germany.
4. Learned
Senior Advocate submitted that in the past, the applicant was
permitted to travel abroad to pay homage to deceased father-in-law of
the applicant and returned to India within three weeks and
re-deposited his passport. Further, at present, wife of the
applicant, who is residing at 88633 Heiligengberg Hohensteinstr 30,
Bodensee, Germany is suffering from two life threatening serious
diseases and is being treated at present in Germany. The wife of the
applicant is suffering from [i] Celiac disease [ii] multiple
sclerosis-serious chronic disease of the central nerve system. The
applicant submits that there is no cure for the above diseases and
therefore to slow down or stop further deterioration constant
medication under specialist doctors is utmost necessary. The
applicant submits that above diseases are rare in the entire world
and in India necessary medical treatment for these diseases is not
available and, therefore, wife of the applicant is required to take
treatment in Germany where she can get proper treatment and
medication.
5. Learned
Senior Advocate further submitted that on earlier occasion, looking
to the medical condition of wife, this Court by order dated
07.04.2011 passed in Criminal Misc. Application No.3635 of 2011
permitted the applicant to go abroad for a period of 3 months and the
applicant has returned to India on 19.07.2011 and deposited his
passport with the learned Chief Judicial Magistrate, Vadodara on
27.02.2011. Since the ailment of the wife of the applicant is further
deteriorated and medical certificate of Radiologists dated 08.07.2011
reveals that there is increasing lisions in brain, which may even
lead to her total blindness. Learned Senior Advocate lastly
submitted that considering the overall facts and circumstances of the
case, prayers made in this application be granted in the interest of
justice.
6. Heard
learned APP for the respondent – State of Gujarat.
7. Heard
learned advocates for the parties and perused the record of the case,
including the medical reports of the wife of the applicant. From the
record, it appears that wife of the applicant is suffering from [i]
Celiac disease and and [ii] multiple sclerosis-serious chronic
disease of the central nerve system and the ailment of the wife of
the applicant is further deteriorated and medical certificate of
Radiologists on 08.07.2011 reveals that there is increasing lisions
in brain which may even lead to her total blindness. From the
record, it also appears that the applicant has been scrupulously
obeying the terms and conditions of the bail order and also
re-deposited the passport as and when he was granted
permission to visit foreign countries on Germany, where his wife is
residing.
9. Considering
the facts and circumstances of the case, condition No.(iii) namely
‘surrender his passport, if any, to the lower court within a week’
in the order dated 25.1.2008 passed by this Court in Misc. Criminal
Application No.11176 of 2007, is kept in abeyance for the time being
and the trial court is directed to release the passport of the
applicant forthwith upon submission of an application by the
applicant, for a period of six months from the date of release
of the passport. Xerox copy of the passport be kept on record of the
trial court. On return, the applicant shall redeposit the passport
with the trial court. Rest of the conditions shall remain as they
are.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[Anant
S. Dave, J.]
*pvv
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