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CR.MA/1166/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1166 of 2010
In
CRIMINAL
APPEAL No. 974 of 2002
=========================================================
ALLAUDDIN
NANHEKHAN ANSARI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
TS NANAVATI for
Applicant(s) : 1 - 2.
Mr.L.R.Pujari, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 11/02/2010
ORAL
ORDER
Heard
learned counsel for the applicants, Mr.T.S.Nanavati, learned APP,
Mr.L.R.Pujari for the respondent No.1.
Rule.
Mr.L.R.Pujari, learned APP waives service of notice of rule on
behalf of the respondent No.1.
The
present application has been filed praying for renewal of the
passports of the applicants for leaving India to visit
Mecca-Medina (Saudi Arabia) for Umrah pilgrimage.
It
is submitted by learned counsel, Mr.T.S.Nanavati for the applicants
that as the passports of the applicants will be expiring, they will
have be renewed for a period of six months for going to
Mecca-Medina.
It
is to be noted that the applicants were convicted for the offence
punishable under Sec.498-A of IPC and were awarded one year
sentence. They were on bail during the trial and while admitting the
appeal, they were released on bail and at present they are on bail.
Once
the appeal is admitted and the applicants have been released on
bail, the liberty to travel abroad cannot be curtailed by the Court.
However, in exceptional circumstances, it can be curtailed. However,
learned APP could not convince this Court for taking away the
liberty of the applicants from visiting Mecca-Madina for Umrah. The
Court vide order dated 20-4-2009 passed in Cri.Misc.Appln.No.4580
of 2009 granted permission to the applicants to visit Mecca-Madina.
However, since their numbers did not come in draw, they could not
visit Mecca-Madina. Now the applicants intend to go to visit
Mecca-Medina for Umrah pilgrimage by renewing their passport for a
period of six months.
In
view of the above, considering the submissions made on behalf of the
parties and having regard to the facts and circumstances of the
case, the applicants are to be permitted to renew their passports
for visiting Mecca-Madina(Saudi Arabia).
This
application is accordingly partly allowed. The applicants can move
through the Passport Authority for renewal of their passports and
the competent authority will consider the same and take appropriate
steps. Upon renewal of the passports, the applicants are permitted
to leave India for visiting Mecca-Madina(Saudi Arabia) for Umrah a
period of forty days from the date of their leaving India on their
depositing an amount of Rs.50,000/- (Rupees Fifty Thousand only)
each before this Court within a period of seven days. The applicants
shall inform the concerned Police Station as well as this Court
within a week of their arrival in India. They shall file
undertaking to this Court to the aforesaid effect along with details
of their itinerary abroad including telephone numbers, addresses of
stay, etc. within a week from today. The petitioner is at liberty
to apply for refund of the amount deposited only upon his return to
India. Rule is made absolute to the aforesaid extent. D.S. is
permitted.
(M.D.SHAH,J.)
radhan
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