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CR.MA/4892/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4892 of 2011
In
CRIMINAL
MISC.APPLICATION No. 4057 of 2006
=========================================================
ABBASBHAI
HATIMBHAI GULZAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MA BUKHARI for
Applicant(s) : 1,
MR. DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 17/06/2011
ORAL
ORDER
This
is an application preferred by the accused-applicant praying for
modification / deletion of conditions imposed by the High Court vide
order dated 19.6.2006 passed in Criminal Misc. Application No.4057 of
2006. It appears that the accused- applicant was ordered to be
released on bail in connection with M. Case No.11 of 2006 registered
with Dholka Police Station vide order dated 19.6.2006. Amongst
various conditions imposed, condition no. 3(f) and 3(i) reads as
under:-
3(f):-
mark
presence before the concerned police station once in a month i.e. on
any day between 1st and 10th
of every month, any time between 11:00 a.m. and 5:00 p.m. till
commencement of trial:
3(i):
surrender
his passport, if any, to the lower court within a week.
It
is submitted by the learned advocate Mr. Bukhari that the
accused-applicant has been scrupulously complying with the conditions
imposed upon him way back in the year 2006. He has regularly marked
his presence at the concerned police station once in a month as
ordered earlier. He has submitted that these conditions are now
going to be very harsh as five years have lapsed and he is regularly
attending the Trial Court on the date fixed for the purpose of trial.
He further submitted that as on today, even charge is not framed.
However on each and every date which is being fixed by the Trial
Court, he is remaining present and his presence is being marked
before the Trial Court. In this view of the matter, taking into
consideration the fact that since past five years, he has been
marking his presence at the concerned police station and he is also
simultaneously marking his presence before the Trial Court on the
date fixed, I am of the view that it would not be necessary now for
the accused-applicant to mark his presence at the concerned police
station once in a month as ordered early. Hence condition no.3(f)
earlier imposed stands deleted on the condition that he shall
regularly appear before the Trial Court on the date fixed by the
Trial Court for the purpose of Trial.
It
is further submitted that his passport has also expired and he would
like to get his passport renewed. It is informed by learned advocate
Mr. Bukhari that in another offence registered as CR. No. I-129 of
2003 with Dholka Police Station, same condition of surrender of
passport was ordered and so far as the second case is concerned,
learned Single Judge of this Court vide order dated 13th
May,2011, directed the Lower Court to return the passport to the
accused-applicant for the purpose of renewal / issuance of fresh
passport and on such passport being renewed / fresh passport being
issued, the same shall again be surrendered to the Trial Court. It
is submitted that since the same condition has been imposed in the
other case, in the present case also same order may be passed.
In
this view of the matter, the Lower Court is directed to return the
passport to the applicant for the purpose of renewal / issuance of
fresh passport. On such passport being renewed / fresh passport
being issued, the same shall again be surrendered to the trial Court.
The
application stands disposed of in the above terms. Rule is made
absolute to the aforesaid extent.
(J.B.PARDIWALA,J.)
Vahid
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