Heard learned counsel for the applicant, Mr.D.K.Puj and learned APP, Mr.L.B.Dabhi, for the opponent No.1-State.
The present application has been filed for deletion of condition (c) from the order dated 7-5-2010 passed in Cri.Misc.Appln.No.4137 of 2010. It is submitted that the applicant being a businessman wants to go abroad frequently particularly to Belgium for his business purpose. It is further submitted that whenever he was permitted to go abroad for business, he came back in time and scrupulously fulfilled all conditions. It is therefore requested that the aforesaid condition be deleted.
In view of the above, considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case and in view of the fact that the applicant would like to go abroad for his business coupled with the fact that as and when said condition was suspended, he came back in time and hence, condition can be suspended for some period.
This application is partly accordingly allowed. The court below is directed to hand over the passport to the applicant on proper identification for going abroad for a period of six months from the date of receipt. The applicant shall surrender the same before the court below and shall also inform the I.O. as well as this Court within a week of his arrival in India. He shall also file an undertaking to this Court to the aforesaid effect within a week from today. Condition (c) imposed on the applicant by this Court while passing the order dated 7-5-2010 passed in Cri.Misc.Appln.No.4137 OF 2010 is accordingly suspended for a period of six months. Rule is made absolute to the aforesaid extent. D.S. is permitted.
(M.D.SHAH,J.) radhan/ Top