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CR.MA/688320/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6883 of 2009
In
CRIMINAL
MISC.APPLICATION No. 2210 of 2004
=======================================================
IQBAL
AHMED ISHAQ AALAM - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
MM TIRMIZI for Applicant(s) : 1,
MR AJ DESAI APP for Respondent(s)
: 1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 01/07/2009
ORAL
ORDER
Rule.
Mr.A.J.Desai, learned Additional Public Prosecutor waives service of
notice of Rule on behalf of the Respondent State of Gujarat.
The
present application has been filed by the applicant-accused for
modification of the Condition Nos.8(d), 8(e) and 8(g) imposed by the
High Court while releasing him on regular bail as per the order
dated 30.04.2004 passed in Criminal Misc. Application No.2210/2004
for a period of six months on the ground that the applicant is
desirous to go for pilgrimage.
The
applicant-accused is charged with having committed offences under
Sections 307, 333, 224, 225, 341, 188, 186, 143, 147 and 149 of the
Indian Penal Code, under Section 135 of the Bombay Police Act and
under Sections 3 and 7 of the Damage to Public Property Act,
therefore, the case is with regard to assault on the Police and the
case is said to have been committed for trial.
Learned
counsel for the applicant-accused, Mr.M.M. Tirmizi submitted that
earlier co-accused had filed Criminal Misc. Application No.9167/2007
in Criminal Misc. Application No.2210/2004 and the High Court as per
the order dated 24.08.2007 modified the conditions and permitted the
co-accused to go for pilgramage. Mr.Tirmizi, therefore, submitted
that in order to enable the present applicant for going to
pilgrimage (Haj), conditions may be modified.
Learned
A.P.P., Mr.A.J. Desai has produced the report made by the Police
Sub-Inspector, Godhra Town Police Station and it has been confirmed
in the said report that Haj Committee has recommended the name of
the applicant-accused and his wife for pilgrimage and the amount has
also been deposited by them. However, it has been apprehended that
since the aforesaid case being Criminal Case No.129/2009 has been
committed to the Court of Sessions and is likely to commence, the
applicant-accused may not return back and, therefore, he should not
be allowed to go, otherwise, it would affect the trial and his
presence may not be secured.
Having
regard to the facts and circumstances and also considering the
report, it is evident that Haj Committee has recommended the name of
the applicant and his wife for pilgrimage/haj and, therefore, the
passport is required to be returned back to the applicant-accused
for a limited period.
However,
as there is no clarity about the period, the present application
stands allowed partly. Condition Nos.8(d), 8(e) and 8(g) imposed as
per the order passed in Criminal Misc. Application No.2210/2004
dated 30.04.2004 are suspended for a period of three months. The
applicant-accused viz., Iqbal
Ahmed Ishaq Aalam is permitted to leave India during
these period of three months for a Haj pilgrimage on submitting
necessary details to the I.O. The trial Court
is directed to hand over the passport to the applicant-accused for
necessary preparation for such travel for Haj yatra. All the
other conditions imposed on the applicant-accused as
per the order dated 30.04.2004 passed in Criminal Misc. Application
No.2210/2004 shall remain unaltered.
The
applicant-accused shall report to the Trial Court as well as to the
Investigating Agency and also surrender his passport within a week
of his return from Haj pilgrimage.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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