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CR.MA/7838/2011 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7838 of 2011
in
CRIMINAL
MISC.APPLICATION No. 5487 of 2009
=========================================================
SHAKILBHAI
AYUBBHAI VORA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HM PARIKH, MR RASESH H PARIKH for Applicant
MR JK SHAH,
ADDL.PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 22/07/2011
ORAL
ORDER
Rule.
Mr.J.K.Shah, learned Additional Public Prosecutor, waives service of
notice of Rule on behalf of respondent No.1. On the facts and in the
circumstances of the case, and with the consent of the learned
advocates for the respective parties, the application is being heard
and finally decided, today.
This
application has been preferred with the following prayers:
“(A) Admit
this Misc. Criminal Application
(B) Allow
this Misc. Criminal Application, by directing the Ld. Sessions
Judge, Kheda at Nadiad to release the passport of the applicant to
enable the applicant to visit London, U.K. for a period of six
months by imposing suitable terms and conditions and/or suitably
modifying the conditions no.(d), (e) and (g) imposed by this Hon’ble
Court vide order dated 8.5.2009 passed in Misc. Criminal Application
No.5487/2009, in the interest of justice.
(C) Pending
admission hearing and till final disposal of this Misc. Criminal
Application, interim relief in terms of prayer (B) above may kindly
be granted in the interest of justice.
(D) Your
Lordships may be pleased to grant such other and/or further reliefs
as may be deemed fit, just and proper in the interest of justice.”
The
applicant was arrested in connection with offences punishable under
Sections 498-A, 323, 504 and 114 of the Indian Penal Code read with
Sections 3 and 7 of the Dowry Prohibition Act, 1961, registered vide
C.R.No. II-36/2009 with Chaklasi Police Station. The applicant
preferred an application being Miscellaneous Criminal Application
No.5487 of 2009 under Section 439 of the Code of Criminal Procedure
for grant of bail. By order dated 08.05.2009, this Court granted
bail to the applicant while imposing certain conditions. The
relevant conditions are reproduced hereinbelow:-
(d)
not leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge.
(e) mark
their presence before the Investigating Officer of the concerned
police station on 15th and 30th day of every
month of the English calendar year, any time between 10.00 A.M. to
5.00 P.M. till the commencement of trial;
(g) surrender
their Passport, if any, to the trial Court within a week;”
Thereafter,
the applicant received a VISA interview call from the British
Consulate as he intended to visit London. As the applicant required
his Passport, he moved Miscellaneous Criminal Application No.13605
of 2009 before this Court praying for the release of his Passport
for the purpose of VISA. The said application was allowed by order
dated 11.12.2009 of this Court and the applicant was directed to
return his Passport to the Trial Court within 45 days from the date
on which it was handed over to him. There was some delay in
returning the Passport by the British Consulate, therefore, the
applicant was constrained to move another application being
Miscellaneous Criminal Application No.856 of 2010 before this Court,
praying for extension of time to deposit the Passport. The said
application was allowed by order dated 29.01.2010 and the period for
depositing the Passport was extended upto 27.02.2010.
Mr.H.M.Parikh,
learned advocate for the applicant, submits that the applicant has
been granted a VISA by the British Consulate for two years, i.e. for
the period with effect from 20.01.2010 to 20.01.2012. The applicant
was under a bona fide belief that the criminal case that has been
registered against him would be completed within a short span of
time and thereafter he would visit the United Kingdom before expiry
of the VISA. However, as now only about six months are left before
the VISA expires, and there does not appear to be a likelihood that
the Trial will be completed before that date as the evidence has not
yet started, the applicant is constrained to move the present
application for modification of the above referred to conditions of
bail imposed by order dated 08.05.2009 passed in Miscellaneous
Criminal Application No.5487 of 2009. It is further submitted that
the applicant has furnished the address of his brother who resides
in the United Kingdom, along with his telephone numbers, to the
Police Inspector, Chaklasi Police Station. The learned advocate for
the applicant states that if the applicant is permitted to visit the
United Kingdom and the conditions imposed by this Court are relaxed,
the applicant shall return to India from the United Kingdom on, or
before 31.12.2011, and shall surrender his Passport to the Trial
Court within a period of two weeks from the date of his return. It
is further submitted that the applicant shall file an Undertaking to
this effect before the Trial Court, as well.
Mr.J.K.Shah,
learned Additional Public Prosecutor, submits that the applicant may
be directed to file the necessary Undertaking and return his
Passport within the time stipulated by the Court.
Having
heard the learned advocates for the respective parties and in view
of the fact that the VISA of the applicant is likely to expire soon,
and as the applicant Undertakes to return to India on, or before,
31.12.2011, and surrender his Passport within two weeks of his
return, the following order is passed:-
(1) The
Trial Court is directed to release the Passport of the applicant
after the applicant files an Undertaking before the said Court, as
stated hereinabove.
(2) Conditions
Nos.(d), (e) and (g) imposed by order dated 08.05.2009 in
Miscellaneous Criminal Application No.5487 of 209 shall remain
temporarily suspended from the date of release of the Passport of
the applicant by the Trial Court upto 31.12.2011. Thereafter, the
said conditions shall automatically be enforced.
(3) On
his return to India on, or before, 31.12.2011, the applicant shall
surrender the Passport to the Trial Court within a period of two
weeks from the date of his return.
The
petition is partly-allowed in the above terms. Rule is made absolute
accordingly.
Direct
Service of this order is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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