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CR.MA/1109420/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11094 of 2008
In
CRIMINAL
REVISION APPLICATION No. 806 of 2004
=========================================================
KETAN
MANSUKHLAL MEHTA - Applicant(s)
Versus
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Applicant(s) : 1,
MR
AJ DESAI, APP for
Respondent(s) : 1,
MR
DAVE for
Respondent(s) :
2,
=========================================================
THE
STATE OF GUJARAT & 1 - Respondent(s)
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 05/09/2008
ORAL
ORDER
Rule.
Learned APP for the opponent No.1-State, Mr.A.J.Desai and learned
counsel, Mr.Dave for the opponent No.2 waive service of rule.
Heard
learned counsel for the applicant, Mr.Hriday Buch, learned APP,
Mr.Desai, for the opponent No.1-State and learned counsel for the
opponent No.2-complainant, Mr.Dave for M/s Nanavaty Associates.
The
present application has beenfiled praying for deletion of condition
No.6(h) which reads as under:
Surrender
his passport, if any, to the lower court within a week.
Alternatively,
it has been prayed that if the Court is not convinced to delete the
said condition then said condition may be suspended for a period of
six months. He has drawn my attention that in past also when time
and again applicant had requested for passport, same was granted by
suspending relevant condition and he has not misused the said
liberty. Since he had an invitation to go abroad as he is serving in
a Marketing Department and has to leave India, it is requested that
relevant condition may be suspended for six months and he may be
given the passport. It is stated at the bar that the same will be
surrendered into the court below within a week of his return to
India and would also file an undertaking to this effect.
It
is a genuine request made by the learned counsel for the applicant.
Hence, considering the submissions made on behalf of the applicant
and having regard to the facts and circumstances of the case, the
passport is required to be released to the applicant for going
abroad.
Accordingly,
this application is partly allowed. The court below is directed to
hand over the passport to the applicant on proper identification for
going abroad for a period of six months from the date of receipt.
The applicant shall surrender the same before the court below and
shall also inform the I.O. as well as this Court within a week of
his arrival in India. He shall also file an undertaking to this
Court to the aforesaid effect within a week from today. Condition
No.6(h) imposed on the applicant by this Court while passing the
order on 17-12-2004 in Criminal Misc. Application No.806 of 2004 is
accordingly suspended for a period of six months. Rule is made
absolute to the aforesaid extent. D.S. is permitted.
(R.P.DHOLAKIA,J.)
radhan/
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