Gujarat High Court Case Information System
Print
CR.MA/2116/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2116 of 2011
In
CRIMINAL
MISC.APPLICATION No. 10293 of 2009
=========================================
SANJAY
NATWARLAL SAYANI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance
:
MR RAJESH K
SAVJANI for
Applicant(s) : 1,
Ms CM SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED BY DS for Respondent(s) : 2,
MR
RJ OZA for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 26/04/2011
ORAL
ORDER
The
present application has been fled by the applicant for
deletion/modification of the condition imposed while releasing him on
bail as per the order passed in Criminal Misc. Application No. 10293
of 2009 dated 10.9.2009. Condition No. 30(e) reads as under:
“30(e).
to surrender his passport, if any, to the lower court,
within a week.”
2. Learned
advocate Mr. Savjani for the applicant has stated that as stated in
detail in his application, the applicant who is a businessman desires
to visit abroad for the purpose of his business and therefore his
passport may be released.
3. Learned
counsel Mr. R.J. Oza for respondent No. 2-Union of India has resisted
the application and submitted that it is causing delay as he has not
yet filed the reply/written submissions. He also submitted that
after it is filed, the adjudication proceedings will take place on
the basis of which further course of action could be decided. He
therefore submitted that the present application for deletion of the
condition may not be entertained. However, the alternate prayer for
limited period may be considered by suitable terms.
4. Learned
APP Ms. Shah has also resisted the application.
5. In
view of rival submissions, since the prayer for deletion of condition
No. 30(e) cannot be entertained and as it has been requested by
learned advocate Mr. Savjani that it may be confined to modification
of the condition for a limited period to enable the applicant to
visit abroad requires to be considered.
6. Therefore,
having regard to the facts and circumstances and considering the fact
that the prayer is now confined only to modification of the
condition/suspension of the condition for a limited period to enable
him to visit abroad for the purpose of business, it deserves to be
allowed. The passport deposited by the applicant before the court
below is ordered to be handed over to the applicant to enable him to
take further steps for his visit abroad.
7. However,
at the time of release of the passport, the applicant shall give a
xerox copy as well as complete itinerary and contact Nos. with the
details of his programme abroad. A copy of the same shall also be
given to respondent No. 2. It is also clarified that the passport
is ordered to be released to enable him to make arrangement for his
visit abroad for a limited period up to 30.10.2011. The applicant
shall return to India on or before 30.10.2011 and on his arrival he
shall surrender his passport within a week, that is, on or before
7.11.2011 before the lower court without fail. All other conditions
shall remain unaltered.
The
application is accordingly allowed. Rule is made absolute to the
aforesaid extent. D.S. Permitted.
(Rajesh
H. Shukla, J.)
(hn)
Top