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CR.MA/9606/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9606 of 2011
In
CRIMINAL
MISC.APPLICATION No. 10800 of 2009
=======================================================
HAJI
JAHURBHAI HAJI KADARBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MR HL JANI APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/07/2011
ORAL
ORDER
The
present application has been filed by the applicant-accused praying
for modification/deletion of condition no.6(g) imposed while
releasing the applicant on bail as per the order passed in Criminal
Misc. Application No.10800/2009 dated 22.09.2009, which reads as
under :-
“(g) surrender
their passport, if any, to the lower Court, within a week.”
Learned
counsel for the applicant submitted that the applicant desires to
visit Mecca-Madina and thereafter for Umra for pilgrimage and,
therefore, the passport may be released subject to any condition. He
further submitted that the applicant has not flouted any condition
and he is businessman and, hence, he is not like to flee away.
Learned
A.P.P., Mr.Jani resisted the present application. However, he fairly
submitted that no conditions have been violated.
In
view of the rival submissions and having perused the papers, the
present application deserves to be allowed.
Accordingly,
this application stands allowed. The Condition nos.6(g) imposed
while releasing the applicant on bail as per the order passed in
Criminal Misc. Application No.10800/2009 dated 22.09.2009 is
suspended in order to enable him to visit Mecca-Madina and Umar for
pilgrimage. The trial court shall hand over the passport of the
applicant on proper identification and on his submitting itinerary
and xerox copy of his passport, which shall be kept with the record.
The applicant shall surrender his passport before the trial court on
or before 08th November, 2011. All other conditions will
remain unaltered.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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