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CR.MA/6136/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6136 of 2010
In
CRIMINAL
APPEAL No. 523 of 2008
=========================================================
PUNAMBHAI
MADHABHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRCHIRAGBPATEL
for
Applicant(s) : 1,
MR CA SEJPAL, APP for Respondent(s) : 1,
MS
MITA S PANCHAL for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 08/12/2010
ORAL
ORDER
Heard
the learned Counsel for the parties.
The
applicant has filed this Application for a direction directing the
opponent No.2 – Superintendent, Regional Passport Office to
commence the process of issuance of passport to the applicant and to
issue passport to the applicant.
From
the record it appears that the applicant has already been acquitted
by the learned Magistrate by order dated 30.5.2007 passed in Criminal
Case No. 785 of 2005 and against the said Judgment the State has
filed the above mentioned Criminal Appeal.
It
is important to note that the reason that acquittal appeal is pending
before this Court is no ground for refusing to issue the passport,
especially when the order passed by the trial Court is in favour of
the applicant. It is a matter of fact that due to heavy workload and
huge piling of pending cases it is likely that acquittal appeal,
filed by the State, would not be taken up for hearing in couple of
years and till then the applicant cannot be denied the issuance of
passport.
In
view of above, application is allowed and prayer, as prayed for by
the applicant, is granted. Rule is made absolute accordingly.
(Z.K.SAIYED,
J.)
sas
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