1. The present application has been filed by the applicant - original accused for modification of the condition no. 21(f) of order dated 14.09.2012 in Criminal Misc. Application No. 7175/2010, which provides :
"surrender his passport, if any, to the lower Court, within a week."
2. The petitioner has sought deletion of the said condition no. 21(f), however, learned senior counsel Mr. Sanjanwala with Mr. D.L. Kanojia, learned advocate on behalf of the applicant stated that he confines his prayer for modification of the condition to enable the applicant to visit abroad (USA) for the purpose of business for limited period of three months. He has also moved the draft amendment with regard to the details and purpose for which he wishes and desires to visit abroad(USA).
3. Mr.
H.L.Jani, learned APP has resisted the application, however, he has stated that appropriate orders may be passed.
4. Mr.
Chetan Pandya, learned counsel for original complainant no.2 has also resisted the application and submitted that, in fact, the application for cancellation of bail has been moved before the Sessions Court and the order which has been passed, would be challenged by the complainant. He submitted that the purpose of going abroad is the business, but his other brothers are also available, who can take care of the business and therefore, present application cannot be entertained. Alternatively, he has submitted that if application is allowed, suitable conditions may be imposed and the petitioner may be directed to furnish details with regard to his address of stay abroad (USA) and contact number to the appropriate authority.
5. In view of these rival submissions, it is required to be considered whether the present application can be entertained or not.
6. Learned advocate Mr. Pandya submitted that conduct of the applicant may be considered and the fact that the application for cancellation of bail was filed and the same has been rejected or turned down. However, it has been submitted that the said order is to be carried before this Court. It has been prayed that the petitioner may not be permitted to leave the country, as his business can be attended by his brothers. This submission even if accepted, cannot be a ground to deny such permission considering the scope of Article-21 of the Constitution of India and judgment of the Hon'ble Apex Court in the case of Maneka Gandhi v/s UOI & Ors. reported in (1978) 1 SCC 248. It is required to be mentioned that the petitioner has been released on bail as per the order passed in Criminal Misc. application No. 7175/2010 dated 14/09/2012. Thereafter, application filed by the respondent no.2 - original complainant before the Sessions Court for cancelation of bail, is also turned down. Therefore, considering the purpose which has been stated and also the right of the accused under Article 21, as well as nature of offence, the present application deserves to be allowed subject to the conditions.
7. The present application is, therefore allowed. Condition No.21 (f) shall stand suspended for a period of three months. The Trial Court is directed to handover the passport of the petitioner to enable him to visit abroad(USA) for his business purpose on usual terms after retaining xerox copy of the passport on record. At the time of releasing of passport by the Trial Court, the applicant shall also file an undertaking with declaration & itinerary about his address of stay abroad and contact number and also a declaration that he will return to India and surrender the passport on or before 5th October, 2012.
8. Rule is made absolute to the aforesaid extent.
9. Direct service is permitted.
(Rajesh H. Shukla, J.) cmj/ Top