This petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioner with a prayer to quash and set aside the order dated 29.02.2012 passed by learned Second Additional Sessions, Judge, Vadodara rejecting Criminal Misc. Application No.3472 of 2012 preferred by the petitioner and to delete the condition No.6 imposed in the bail order.
2. Learned advocate for the petitioner submits that though the learned Second Additional Sessions Judge while passing the impugned order has noticed that whenever the petitioner required passport to travel abroad, it was released by the Court, but refused to release the passport, as prayed for. It is further submitted that there is no substantial progress in the trial and he is required to go abroad frequently in connection with his business. It is further submitted that the petitioner has filed an undertaking dated 26.03.2012 inter alia stating that he will provide the details of tour programme and whereabouts whenever he leaves India to the concerned Investigating Officer as well as the competent Court. It is further submitted that the petitioner is residing along with his family in the city of Vadodara and he is a reputed businessman having movable and immovable properties in the city of Vadodara, and therefore, by securing proper undertaking from the petitioner, condition No.6 imposed by the learned Additional Sessions Judge, Fast Track Court No.6, Vadodara in Criminal Misc. Application No.497 of 2007 may be deleted.
3. Heard learned APP for the respondent - State of Gujarat.
4. Having heard learned advocate for the petitioner and learned APP and considering the facts that; [i] the petitioner has been abiding by the conditions imposed by the trial court while enlarging him on bail; [ii] there is no substantial progress in the trial and [iii] undertaking dated 26.03.2012 filed by the petitioner stating that he will provide the details of tour programme and whereabouts whenever he leaves India to the concerned Investigating Officer as well as the competent Court, I am inclined to delete condition No.6 imposed by the learned Additional Sessions Judge, Fast Track Court No.6, Vadodara in Criminal Misc. Application No.497 of 2007. Accordingly, order dated 29.02.2012 passed by the learned 2nd Additional Sessions Judge, Vadodara in Criminal Misc. Application No.347 of 2012 is hereby quashed and set aside. The Trial Court is directed to release the passport of the petitioner, upon the petitioner submitting a formal application and a similar undertaking dated 12.03.2011 filed before this Court. The Trial Court shall keep Xerox copy of the passport on the record of the trial court. Rest of the conditions of the bail order shall remain as they are.
This application is allowed to the aforesaid extent only.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top