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CR.MA/8533/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8533 of
2011
=========================================================
MAHENDRABHAI
REVABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
JAYENDRA M SHAH for
Applicant(s) : 1,
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/07/2011
ORAL
ORDER
In
this application filed by the applicant a prayer is made to modify
condition No.[f] of Paragraph 7 of the order passed in Criminal
Miscellaneous Application No.1985/2004 dated 01.03.2004 and to
return the passport for a period of four months, already deposited
in the concerned Court.
Learned
Advocate for the applicant submits that the son of the applicant is
settled in Canada and at the same time, the applicant would like to
visit United States of America (U.S.A.) with his family and needs to
apply for visa of both the countries and therefore, the passport
deposited in the Trial Court be returned or appropriate directions
be given. It is further submitted that the applicant has filed an
additional affidavit dated 16.07.2011 in which various dates of
listing of the case is mentioned and the applicant further
undertakes to return, if permission is granted by this Court. In
the past, on a number of occasions, the applicant was permitted to
apply for the visa and passport was returned by imposing suitable
conditions.
I
have heard learned APP Mrs. Manisha L. Shah for the respondent –
State.
Considering
overall facts and circumstances and record produced by the applicant
alongwith this application and additional affidavit dated 16.07.2011
filed by him, I am inclined to accept the prayer of the applicant
and condition No.[f] of Paragraph 7 of the order dated 01.03.2004
passed in Criminal Miscellaneous Application No.1985/2004 is
modified to the extent that the passport of the applicant be
returned on submission of an appropriate application before the
Trial Court, within a week from the date of such of an application,
on furnishing an Undertaking to the extent that if the applicant is
granted visa, by the concerned Consulate of the countries, the
applicant would return to the country within a month after the
departure. If such an application is submitted before the Trial
Court, on depositing an amount of Rs.25,000/=, the passport be
returned by the Trial Court and on return from the U.S.A. / Canada,
the applicant shall deposit the passport.
Accordingly,
this Application is allowed to the aforesaid extent. Rule made
absolute to the aforesaid extent.
Sd/-
(Anant
S. Dave, J.)
Caroline
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