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CR.MA/4622/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4622 of 2011
In
CRIMINAL
MISC.APPLICATION No. 1453 of 2009
In
CRIMINAL APPEAL No. 210 of 2009
=========================================================
SIRAJBHAI
H MEMON - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MRRUSHABHRSHAH
for Applicant(s) : 1,
MS
CM SHAH, ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1,
MR YN
RAVANI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 21/04/2011
ORAL
ORDER
Heard Mr.Rushabh
Shah, ld.advocate for the applicant, Ms.CM Shah, ld.APP for
respondent No.1 – State and Mr.YN Ravani, ld.advocate for
respondent No.2 – CBI.
By means of filing
this application, the applicant – original appellant prays for
deletion of condition regarding deposit of passport before the trial
Court, as the applicant intends to go to Saudi Arabia for Umra
pilgrimage.
Mr.Shah,
ld.advocate for the applicant stated that the applicant –
appellant came to be convicted by learned Special Judge, CBI Court
No.3, Ahmedabad in Special Case No.45 of 1988 for the offences
punishable under Sections 420, 468 and 471 IPC and was awarded
sentence. It is submitted that throughout the pendency of the
Special Case, since 1988, till he came to be convicted by the
Special CBI Court, he was on bail and he did not misuse the liberty.
It is further submitted that after the applicant came to be
convicted and sentenced, he preferred above-referred criminal appeal
before this Court and vide order dated 17.04.2009 passed in Criminal
Misc.Application No.1453 of 2009, the sentence awarded to the
applicant – appellant – original accused came to be
suspended on the condition of his furnishing personal bond as well
as surety, and upon deposit of his passport before the trial Court.
Mr.Shah, ld.advocate submitted that pursuant to said condition, the
applicant deposited his passport before the trial Court. Mr.Shah,
ld.advocate for the applicant – appellant stated that after
getting back the passport from the trial Court, the applicant shall
have to undergo necessary formalities regarding visa etc. and after
performing said formality, he would be in a position to go out of
India. Mr.Shah, ld.advcoate for the applicant, therefore, submitted
that, at this stage, the permanent deletion of the condition
regarding the deposit of passport is not requested, but that
condition may be, at present, suspended atleast for three months, so
that the applicant can go out of India to perform his religious
ceremony of Umra and return back within that period, and he
undertakes to re-deposit his passport as soon as the period of three
months shall be over, and as soon as he would get visa, he would
file in writing his time schedule in this matter. It is submitted
that now the applicant intends to go for religious visit in Umra
and, therefore, he is in need of the passport. Therefore, it is
submitted that the application may be allowed.
Ms.Shah, ld.APP
for the respondent No.1 – State and Mr.Ravani, ld.advocate for
respondent No.2 – CBI submitted that the condition regarding
deposit of passport should not be permanently deleted and the
applicant should file his time schedule in this matter.
Having considered
the submissions advanced on behalf of both the sides, so also
considering the contents of this application as well as the order
dated 17.04.2009 passed in Criminal Misc.Application No.1453 of
2009, this Court is of the opinion, at this stage, that, since the
main criminal appeal is pending, the condition laid down at the time
of suspension of sentence requiring the applicant to deposit his
passport before the trial Court, cannot be permanently deleted.
However, considering the facts and circumstances of the case, so
also the submissions advanced by Mr.Shah, ld.advocate for the
applicant, the aforesaid condition is required to be suspended for a
reasonable period, so that during that period, the applicant can get
back his passport from the trial Court and should complete his
formality regarding visa etc. and should go for the aforesaid
religious tour and can return back from the tour. Accordingly, the
passport is required to be returned back by the trial Court for the
period of three months hereof. As soon as said period would be over,
immediately, the applicant shall re-deposit his passport before the
trial Court.
For the foregoing
reasons, the application is partly allowed. The condition laid down
in the order dated 17.04.2009 in Criminal Misc.Application No.1453
of 2009 regarding deposit of passport by the applicant, is suspended
for the period of three months hereof, on the condition that within
the said period of three months, the applicant shall complete his
formalities regarding visa etc., as well as during said period, he
should complete his religious tour and as soon as said period of
three months shall be over, the applicant shall immediately
re-deposit his passport before the trial Court. It is further
directed that as soon as the applicant gets visa, and other
formalities to go for religious tour shall be over, the applicant
shall file his time schedule in writing in this matter. The above
condition stands suspended for three months only.
Rule is made
absolute to the above extent.
DS permitted.
(J.C.UPADHYAYA,
J.)
(binoy)
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