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CR.MA/856/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 856 of 2010
In
CRIMINAL
MISC.APPLICATION No. 13605 of 2009
In
CRIMINAL
MISC.APPLICATION No. 5487 of 2009
=========================================================
SHAKILBHAI
AIYUBBHAI VAHORA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PREMAL R JOSHI for
Applicant(s) : 1,
MR MAULIK G NANAVATI, ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 29/01/2010
ORAL
ORDER
Rule.
Mr.Maulik G.Nanavati, learned Additional Public Prosecutor, waives
service of notice of Rule on behalf of the respondent.
This
application has been filed with a
prayer to extend the time-limit for a further period of four weeks to
return the Passport of the applicant to the Trial Court, as directed
by order dated 11.12.2009 passed in Criminal Misc. Application
No.13605 of 2009 in Criminal Misc. Application No.5487 of 2009.
By
order dated 11.12.2009 passed in Criminal Misc. Application No.13605
of 2009 in Criminal Misc. Application No.5487 of 2009, the applicant
had been directed to make an application to the Trial Court regarding
handing over of his Passport to the British High Commission for
processing of the VISA. By the said order, the applicant had been
directed to return the Passport to the Trial Court within a period of
45 days from the date on which it is handed over to him.
It
is submitted by Mr.Premal R. Joshi, learned counsel for the applicant
that the Passport has not been returned to the applicant by the
British High Commission. Therefore, time to return the Passport to
the Trial Court may be extended.
Mr.Maulik
G.Nanavati, learned Additional Public Prosecutor, has submitted that
the applicant may be directed to return the Passport
to the Trial Court within a period of two days after it is made
available to him and the Court may also fix some outer time-limit
beyond which, the period of time may not be extended.
Having
heard the learned counsel for the respective parties and having
considered the submissions made at the Bar, the interest of justice
would demand that the prayer made in the application is granted,
though with certain conditions.
Accordingly,
it is directed that the time for return of the Passport to the Trial
Court by the applicant is extended upto 27.02.2010. However, it is
made clear that if the Passport is made available to the applicant
before this date, he shall hand it over to the Trial Court
immediately and not later than three days from the receipt thereof.
The other conditions in order dated 11.12.2009 shall remain the same.
The
application is disposed of, as above. Rule is made absolute to the
above extent. Direct Service is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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