1. Heard learned advocate Ms. Archana R. Acharya for the applicant and learned Additional Public Prosecutor Mr. L.R. Pujari for the respondent-State.
2. RULE.
Learned Additional Public Prosecutor Mr. Pujari waives service of Rule for the Respondent-State.
3. Learned advocate for the applicant invited attention of the Court to two earlier orders passed by this Court dated 2.5.2011 in Criminal Misc. Application No.5085 in Criminal Misc. Application No.7394 of 2010 and 13.10.2011 in Criminal Misc. Application No.14156 of 2011 in Criminal Misc. Application No.7394 of 2010.
3.1. Learned advocate Ms. Acharya has produced Itinerary of Flamingo Transworld Pvt. Ltd. addressed to the applicant and his family, at Annexure-'B' (page 16). The Itinerary suggests that the applicant will be leaving Ahmedabad on 5th March 2012 and will be back to Ahmedabad on 18th April 2012.
4. Taking into consideration the submissions made by learned advocate for the applicant and learned Additional Public Prosecutor, the application is allowed.
5. Instead of varying conditions No.5(c) and 5(d), it is deemed fit to pass the following order.
6. The Investigating Officer is directed to hand over the Passport to applicant-Mr. Chitrak Satishbhai Shah on or before 23rd March 2012, on his filing an undertaking before the Investigating Officer that on his return to Ahmedabad on 18th April 2012, the applicant will deposit his passport again with the Investigating Officer on or before 23rd April 2012.
Besides, the applicant shall execute a bond in a sum of Rs.2,00,000/-(Rupees two lacs only).
7. The applicant shall furnish his address during the aforesaid visit and also contact number(s) on which he shall be available to the Investigating Officer.
8. With these directions the application is disposed of. Rule is made absolute.
Direct service is permitted.
(RAVI R.TRIPATHI, J.) omkar Top