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CR.MA/15622/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15622 of 2010
In
CRIMINAL
MISC.APPLICATION No. 10501 of 2010
=========================================================
SANJAYBHAI
BABUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
HL
PATEL ADVOCATES for
Applicant(s) : 1,
MR DC SEJPAL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 24/12/2010
ORAL
ORDER
1. Rule.
Learned A.P.P. Mr.D.C. Sejpal waives service of Rule for the
respondent-State.
2. Present
application has been filed by the applicant for modification of
condition No.6(g) imposed by this Court while releasing the applicant
on bail vide order dated 17.09.2010 passed in Criminal Misc.
Application No.10501 of 2010. The said condition No.6(g) reads as
follows.
Surrender his passport,
if any, to the lower Court within a week.
3. Learned
counsel Mr.H.L. Patel for the applicant submitted in the application
that the applicant having a business in the name and style of
M/s.Jaxa Infotech Pvt.Ltd. and he is getting the business of medical
transcription from abroad for which, he is required to visit U.S.A.
for a period between 25.12.2010 and 25.01.2011. Therefore, the said
condition No.6(g) may suitably be relaxed or modified to enable the
applicant to visit abroad.
4. Having
heard learned counsel Mr.H.L. Patel for the applicant and learned
A.P.P. Mr.D.C. Sejpal for the respondent-State and considering the
papers, the present application is required to be allowed for
temporary relaxation of the above condition No.6(g) so as to enable
the applicant to travel abroad in exercise of his rights under
Article 21 of the Constitution of India.
5. In
view of the above, the application is partly allowed. The passport of
the applicant is ordered to be handed over to the applicant which is
lodged with the trial Court after attaining the xerox copy thereof on
usual conditions. The applicant shall give the details about his
visit to U.S.A. with his contact number and address. On his return
from abroad to India, the applicant shall surrender his passport on
or before 31.01.2011.
6. Rule
is made absolute accordingly. Direct service is permitted.
(RAJESH
H.SHUKLA, J.)
Hitesh
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