RULE.
Mr.L.R. Pujari, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
2. Though earlier permission was obtained from this Court to visit China, on account of illness of his wife, the said could not be availed. The present application is filed seeking similar relief so as to enable him to visit London, Scotland and Dubai. The learned advocate for the applicant invited attention of the Court to earlier orders passed by this Court, viz., (i) order dated 2nd May 2011 in Criminal Misc. Application No.5085 of 2011 in Criminal Misc. Application No.7394 of 2010, and (ii) order dated 13th October 2011 in Criminal Misc. Application No.14156 of 2011 in Criminal Misc. Application No.7394 of 2010. The learned advocate submitted that earlier order dated 16th March 2012 passed in Criminal Misc. Application No.3440 of 2012 in Criminal Misc. Application No.7394 of 2010 could not be availed by the applicant as aforesaid.
3. Learned advocate Ms.Archana Acharya has produced itinerary provided by Messrs Cox and Kings, Ahmedabad addressed to the applicant. A copy of the itinerary is produced at Annexure 'B' (page 17) to this application. The itinerary suggests that the applicant will be leaving Ahmedabad on 20th May 2012 and will be returning Ahmedabad on 7th June 2012.
4. Taking into consideration the submissions made by the learned advocate for the applicant and the learned Additional Public Prosecutor, the application is allowed.
5. Instead of varying Conditions No.5.0 (c) and 5(d) contained in order dated 13th August 2010 in Criminal Misc. Application No.7394 of 2010, 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 2nd May 2012, on his filing an undertaking before the Investigating Officer that on his return to Ahmedabad on 7th June 2012, the applicant will deposit his passport again with the Investigating Officer on or before 11th June 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 the above directions the application is disposed of. Rule is made absolute. Direct service is permitted.
(RAVI R. TRIPATHI, J.) karim Top