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CR.MA/13372010/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1337 of 2010
In
CRIMINAL
MISC.APPLICATION No. 13651 of 2009
=========================================
BHIMJIBHAI
V BHALODIA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
BHARAT T RAO for Applicant(s) : 1,
MR. DEVANG VYAS, ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) : 1,
MR YN RAVANI for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/03/2010
ORAL
ORDER
The
present application has been filed by the Applicant accused for
modification of condition 10(f) imposed while releasing him on bail
as per the order dated 10.12.2009 passed in Criminal Misc.
Application No. 13651 of 2009. Condition 10(f) reads as follows:
10(f) surrender
their passport, if any, to the lower Court, within a week.
Learned
Advocate Mr. B.T.Rao for the applicant accused submitted that as per
order passed on 26.2.2010, the translation regarding the
communication in Italian language was to be submitted, however, he
could not get though he tried for such authentic translation and
therefore it has not been produced. He submitted an invitation for
his visit abroad. Learned Advocate Mr. Rao also submitted that the
applicant who is a businessman, desires to visit China as well as
Italy for the purpose of finalizing the machineries for setting up
of Vitrified Tiles Plant. Learned Advocate Mr. Rao submitted that
he has to apply for visas which may take three weeks. Thereafter,
four weeks time for visiting China and Italy may be considered. He
submitted that the passport, which has been surrendered, may be
handed over for obtaining visas and thereafter the applicant accused
may be permitted to travel abroad subject to any condition.
Learned
Advocate Mr. Y.N.Ravani for Opponent No.2 submitted that the
applicant accused should provide itinerary (programme and details of
his stay, contact numbers, etc.) regarding his visit to China and
Italy and also file an undertaking before this Court that he would
comply with this and only thereafter the passport may be handed over
to the applicant accused.
Learned
Advocate Mr. Rao has also agreed that the applicant accused would
file an undertaking and would give the itinerary (programme and
details of his stay, contact numbers, etc.) regarding his visit to
China and Italy, to Respondent No.2 Director General of Central
Excise Intelligence, having his office at Prima Chambers,
Navrangpura, Ahmedabad.
Having
heard the learned counsel Mr. Rao as well as learned Advocate Mr.
Ravani and having considered the grounds mentioned in the
application, it transpires that the applicant desires to visit China
as well as Italy for the purpose of finalizing the machineries for
setting up of Vitrified Tiles Plant, for which the passport is
required. Therefore, in order to enable the applicant to get the
visas and complete the formalities and thereafter visit China and
Italy for four weeks, the passport is ordered to be handed over and
the condition shall stand suspended.
The
Court of Chief Metropolitan Magistrate, Ahmedabad is ordered to hand
over the passport to the applicant on his producing an undertaking,
which is to be filed before this Court, i.e. his tentative
programme, and after undertaking is filed, the passport will be
permitted to be handed over to the Applicant for further process.
Learned Advocate Mr. Rao also states that before leaving for abroad,
after getting the visas, the applicant accused will intimate to
Respondent No.2.
The
present application accordingly stands allowed subject to the
aforesaid extent. The applicant shall return back and surrender his
passport to the Court of Chief Metropolitan Magistrate, Ahmedabad on
or before 15.5.2010. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(Rajesh H. Shukla,J)
Jayanti*
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