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SCR.A/2140/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2140 of 2010
=========================================================
RAMESH
NATHUBHAI LAKHANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
Applicant(s) : 1,
MR MR MENGDEY,APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 28/10/2010
ORAL
ORDER
Rule.
Learned APP Mr. Mengdey waives service of rule for respondent State.
The
petitioner is facing criminal trial in Criminal Case no.6716/2004.
Pending said proceedings, he has been released on regular bail by
order dated 1.5.2004 by the Chief Judicial Magistrate, Vadodara on
certain conditions including the condition that he shall surrender
has passport within one week. The petitioner desires to travel
abroad to attend the marriage ceremony of his son who is residing
presently at Washington in USA. For the said purpose, he preferred
application exh.34 before the Magistrate on 12.10.2010. This
application was disposed of by impugned order dated 16.10.2010.
Counsel
for the petitioner pointed out that previously also petitioner was
permitted to visit abroad. He had availed of such liberty and
returned back within the time permitted.
Under
the circumstances, petitioner is permitted to travel abroad for a
period of two months from the date of this order. He shall
therefore, return latest by 28.12.2010. For the said purpose his
passport shall be released. Same is however is subject to following
conditions :
1) He
shall deposit sum of Rs. 1,00,000/- with the trial Court which may
be returned to him upon his return.
2) He
shall return his passport as soon as he returns.
3) He
shall give full itinerary and his address where he would be staying
while abroad before leaving.
Petition
is disposed of. Rule made absolute accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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