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CR.MA/1757/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1757 of 2011
======================================
ANAND
ARVINDBHAI JANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
ARPIT A KAPADIA for Applicant
Ms.
C.M. Shah, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/02/2011
ORAL
ORDER
1 Rule.
Service is waived.
2 Heard
the learned advocates for the parties.
3 The
applicant has filed the present application for return of passport
No.E-1047001 deposited by the applicant in pursuance of the order
dated 28.8.2008 passed by the Sessions Court, Vadodara, in Criminal
Misc. Application No.1204 of 2008 in connection with the first
information report bearing C.R. No.I-25 of 2008 registered with
Chhani Police Station, Vadodara.
4 The
learned advocate for the applicant submits that an application was
preferred before the learned Additional Sessions Judge, Vadodara, for
the same prayer which came to be rejected by order dated 31.1.2011.
He further submits that a case was made out before the trial court
that the wife of the applicant along with a young child were to
travel abroad to take care of the sister-in-law on the occasion of
expected delivery, and, therefore, the applicant’s presence is
necessary to take care of the wife and young child. Besides, it is
submitted that the applicant is a permanent resident of Vadodara and
having his own business and income, details of which are produced
along with additional affidavit dated 14.2.2011 before this Court.
5 Considering
the overall facts and circumstances of the case and the facts stated
and placed on record by way of additional affidavit dated 14.2.2011,
I am of the opinion that passport No.E-1047001 deposited by the
applicant in pursuance of the order dated 28.8.2008 passed by the
Sessions Court, Vadodara, in Criminal Misc. Application No.1204 of
2008 be returned to the applicant temporarily on filing usual
undertaking before the trial court about his itinerary
and date of return to the country on completion of purpose for
which he is to travel abroad. The applicant shall submit a formal
application along with undertaking and the
concerned Court shall hand over the passport of the applicant on
proper identification for a period of 05 (five) months by
keeping a xerox copy of the same on record with the court concerned.
The applicant shall furnish the
address and other details, if any, of the place where he is likely to
reside during his stay at Newzeland as well as his itinerary and upon
returning to India, the applicant shall surrender his passport to the
concerned court and shall inform the concerned investigating officer
within a week of his arrival in India. This application is allowed.
Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(ANANT
S. DAVE, J.)
(swamy)
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