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CR.MA/13932/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13932 of 2011
=======================================================
CHANDRAKANT
NARHARIBHAI TRIVEDI - Applicant(s)
Versus
STATE
OF GUAJRAT - Respondent(s)
=======================================================
Appearance :
MR
ARPIT A KAPADIA for Applicant(s) : 1,
MR KP RAVAL APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 10/10/2011
ORAL
ORDER
Rule.
Mr.K.P. Raval, learned Additional Public Prosecutor waives service
of notice of Rule on behalf of the Respondent-State of
Gujarat.
The
present application has been filed for modification of the
conditions of bail and release of passport on the grounds mentioned
in the memo of application.
The
applicant-accused is charged with having committed offences
under Sections 406, 420, 465, 467, 471, 120(B) and 114 of the Indian
Penal Code and under Sections 13(1)(d) and 13(2) of the Prevention
of Corruption Act, 1988, for which, FIR being I-C.R.No.3/2003 has
been lodged at D.C.B. Crime Police Station, Surat.
Learned
counsel, Mr.Kapadia has referred to the details and submitted that
in past also, the applicant has been granted such permission and he
returned back to India. He submitted that as the daughter-in-law is
pregnant, the applicant and his wife are desirous to meet her at
abroad for a longer period, for which, he has produced the tickets,
which are from 19th October, 2011 to 19th
July, 2012. He further submitted that though the learned Sessions
Court has granted such permission, it has been for a limited period
and, hence, the present application has been filed. He has also
referred to the order passed by the learned Sessions Court in
Criminal Misc. Application No.1974/2011 dated 09.09.2011. He has
also submitted that amount of Rs.1.00 lac has already been
deposited. He, therefore, submitted that the present application may
be allowed.
Learned
APP Mr.Raval has submitted that he had requested for a period of two
years and, therefore, it has not been granted, however, it could
have been requested. He submitted that subject to depositing the
amount and usual conditions for submitting itinerary with contact
number and all details of his stay, same can be granted.
In
view of these submissions and the facts and circumstances of the
present case, the present application deserves to be allowed.
Accordingly,
the present application stands allowed. The conditions imposed while
releasing the applicant on regular bail as per the order passed in
Criminal Misc. Application No.771/2004 by the Joint District Judge &
Additional Sessions Judge, 3rd
Fast Track, Surat dated 24.05.2004 shall remained suspended till
31st
July, 2012 in order to enable
him to visit abroad for the reasons stated in the application.
However, the applicant shall submit detailed itinerary with contact
number and address during his visit at abroad. He shall submit all
these details before leaving India to the Trial Court and shall also
place it on the record of this Court. The applicant shall also state
by way of undertaking that he will return back to India and
surrender the passport on or before 31st
July, 2012.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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