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CR.MA/9171/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9171 of 2011
In
CRIMINAL
MISC.APPLICATION No. 6096 of 2011
=========================================
MOHAMAD
BILAL YUNUSHBHAI SALEH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
ZUBIN F BHARDA for
Applicant(s) : 1,
MS KRINA CALLA, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 13/07/2011
ORAL
ORDER
1. This
is an application seeking modification/deletion of condition Nos. 4,
5 and 7 imposed by this Court vide judgement and order dated
10.06.2011 passed in Criminal Misc. Application No. 6096 of 2011,
whereby the accused-applicant was ordered to be released on bail in
connection with F.I.R registered with Kamrej Police Station, Dist.
Surat, being C.R. No. I-78 of 2011 for offences punishable under
Sections 420, 424, 467, 468, 471, 188, 120-B readwith Section 34 of
IPC.
2. Heard
learned advocate, Mr. Bharda, appearing for the accused-applicant and
Ms. Krina Calla, appearing for the State.
3. Vide
order dated 10.06.2011 passed by this Court, the accused-applicant
was released on bail in connection with offences registered with
Kamrej Police Station, Dist. Surat vide C.R.No. I-78 of 2011 on
certain terms and conditions. Condition Nos. 4, 5 and 7, for which
the present application has been preferred praying for
modification/deletion, reads as under:
“4.
not leave the local limits of village old Koshamba, Tal. Mangrol,
Dist. Surat till conclusion of the trial;
5. mark
his presence once in a week on every Sunday at Kamrej Police Station
between 10.00 a.m. to 2.00 p.m. The applicant will leave village old
Koshamba only for the purpose of marking presence at Kamrej Police
Station;
7. surrender
his passport, if any, to the Lower Court immediately.”
4. Learned
advocate appearing for the accused-applicant would submit that the
accused-applicant is a business man and is one of the active partners
of one Saleh Brothers Trading of Post Box 2087, Lenasia in
Johannesburg, South Africa, which was incorporated in the year 2006
bearing Registration No. 2006/081954/23 and registered with the
Companies and Intellectual Property Registration Office, Registrar of
Companies and Close Corporation, South Africa. He has annexed the
certificate of registration. He would submit that the company owns a
super market and is also an importer and exporter of perfumes,
groceries, spices and edible food items mostly rice. It is also
submitted that company has an import and export license issued by the
South African Revenue Service. It is submitted that one G.S.Akoojee &
Associates, who are the accounting officers of the company, have,
vide letter dated 25.06.2011, informed the petitioner that it has
been receiving continues calls from South African Revenue Service in
respect to the outstanding tax returns for company which, according
to the South African Revenue Service, are outstanding for two years,
and fourteen days has been given to submit the tax returns.
5. It
is submitted that, for this purpose, accused-applicant’s presence at
South Africa is necessary. Learned counsel would further submit that
if the Court is not inclined to permanently delete the conditions,
then at least the three conditions may be suspended from its
operation for a period of three months to enable the
accused-applicant to visit South Africa and complete the necessary
work regarding tax.
6. Learned
APP was directed to enquire with the concerned I.O. of the police
station as regards the family background and the roots of the
accused-applicant in the society. Upon instructions of the concerned
I.O. of the police station, it is informed that the
accused-applicant has immovable properties in India. He has a family
who is residing at Village Mangrol.
7. Taking
into consideration the ground, as urged in this application,
condition Nos. 4, 5 and 7, as imposed by this Court earlier, can be
ordered to be suspended for a period of three months to enable the
accused-applicant to visit South Africa. Learned counsel informs that
the passport has been surrendered before the Trial Court
i.e. JMFC, Kathor, Tal. Kamrej, Dist. Surat. In the above view of
the matter, following order is passed:
(i) Condition
Nos. 4, 5 and 7, imposed by this Court vide order dated 10.06.2011
passed in Criminal Misc. Application No. 6096 of 2011, shall remain
stayed from its operation upto 20.10.2011.
(ii) Learned
JMFC, Kathor, is directed to handover the passport of the
accused-applicant. At the time of taking the passport, the
accused-applicant shall furnish the solvent surety of a sum of Rs. 1
lac before the Trial Court with an undertaking that the passport
shall be handed over immediately on his return from South Africa.
(iii) Accused-applicant
shall handover the complete itinerary of his programme before the
investigating officer and the concerned police station before he
leaves the town of Koshamba and shall immediately inform about his
return to India. Rule is made absolute to the aforesaid extent.
Direct service.
[J.B.PARDIWALA,
J.]
JYOTI
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