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CR.MA/13376/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13376 of 2011
In
CRIMINAL
APPEAL No. 1329 of 2010
With
CRIMINAL
MISC.APPLICATION No. 13377 of 2011
In
CRIMINAL
APPEAL No. 75 of 2011
=========================================================
JAYANTIBHAI
SAVJIBHAI DHOL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 20/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Mr. Kartik Pandya, Ld. APP appears and waives service of rule for the
respondent – State.
2. Considering
the facts and circumstances of the matter and with the consent of
both the sides, both these Criminal Misc. Applications are taken up
for hearing and final disposal today.
3. Both
these Criminal Misc. Applications are filed by the common applicant,
namely Jayantibhai Savjibhai Dhol seeking permission of this Court to
travel abroad for the period specified in the schedule [page 30]
produced in Criminal Misc. Application No. 13376/2011 and further
direction to the concerned Passport Authority to issue passport for a
period of two years.
3. Perusing
the contents of both these applications, so also considering the
submissions advanced by Mr. Dagli, Ld. Advocate for the applicant, it
transpires that the applicant came to be tried in Sessions Case No.
36/2003 as well as Sessions Case No. 88/2006 and at the end of the
trial in both the above mentioned Sessions Cases, the applicant came
to be acquitted. The respondent – State challenged said
acquittal by preferring the above mentioned Criminal Appeals and both
these appeals are pending. It is submitted that the applicant has to
go abroad, namely Singapore, Thailand, South Africa, Israel, Canada
and America from 01/11/2011 to 25/04/2012 at the first instance, as
per the schedule annexed at page 30 in connection with the
development of agricultural work and other allied functions of the
Agricultural Produce Market Committee, wherein the applicant is
Chairman. Mr. Dagli, Ld. Advocate for the applicant submitted that
the instant applications are required to be preferred since the
acquittal appeals are pending and pursuant to the relevant
notification of the Ministry of External Affairs dated 25/8/1993,
whereby the applicant is required to produce permission order of the
Competent Court to the concerned Passport Authority. Mr. Dagli
submitted that the applicant possesses movable and immovable
properties and he is not likely to abscond and in past also, he
visited foreign countries and returned to India.
4. Heard
Mr. Pandya, Ld. APP for the respondent – State.
5. The
factual aspects contended by the applicant are not in dispute. The
applicant is one of the respondents in above mentioned acquittal
appeals and those appeals are pending. Pursuant to the above
mentioned notification dated 25/8/1993, if a proceeding in respect of
an offence is pending against any person and if he desires to go
abroad pending such proceedings, he is required to produce necessary
order of the Competent Court permitting him to depart from India. Mr.
Pandya, Ld. APP drew our attention to order passed by the concerned
Passport Authority on 4/7/2011, whereby for want of such order of the
Competent Court, the request made by the applicant to the concerned
Passport Authority came to be turned down. Mr. Dagli, Ld. Advocate
for the applicant submitted that the applicant shall comply with all
the directions issued by the concerned Passport Authority in the
communication dated 4/7/2011 and shall fulfill all such requirements.
6. Seen
in the above context, though the request made by the applicant to
travel abroad for the period of two years cannot be accepted, but the
applicant successfully establishes his need to go abroad in terms of
the time schedule annexed at page 30 in Criminal Misc. Application
No. 13376/2011. We are, therefore, of the considered opinion that the
applicant should be permitted to depart from India for a period of 6
[six] months. It is hereby made clear that the instant permission is
given only in connection with the pending proceedings, namely the
above mentioned two acquittal appeals in this Court. We are further
of the opinion that while granting such permission, necessary
conditions shall have to be laid down.
7. For
the foregoing reasons, both these applications are partly allowed and
the applicant is permitted to go abroad and to depart from India for
a period of 6 [six] months hereof on the following conditions :
I. The
applicant shall deposit Rs.50,000/-[Rupees fifty thousand only] in
cash before the concerned Sessions Court which recorded the
acquittal of the applicant, by way of security.
II. The
applicant shall produce his complete time schedule about his travel
to abroad before the concerned Sessions Court.
III. The
instant permission as required pursuant to the notification of
Ministry of External Affairs dated 25/8/1993 is granted only in
connection with the above referred two criminal acquittal appeals
pending in this Court.
IV. The
applicant shall comply with all the legal requirements required for
his travel to abroad including the compliance of the directions
issued by the concerned Passport Authority pursuant to the
communication dated 4/7/2011, Annexure-D in both these applications.
Rule
is made absolute accordingly. DSP.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
*
Pansala.
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