1. Rule.
Learned APP, Mr.R. C. Kodekar, waives service of notice of Rule on behalf of respondent - State.
2. The applicant is facing trial for offence punishable under Section 306 read with Section 114 of IPC. He has been granted bail by an order dated 19.1.2011 subject to certain conditions including the following :
"4. mark their presence before the concerned Police Station on every 1st and 15th day of English Calendar month between 11:00 am to 2:00 pm:
5. not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
7. surrender their passport, if any, to the Lower Court immediately;"
3. Pursuant to the Condition No.7, he has already surrendered his passport before the lower court. This application has been moved seeking relaxation of the above conditions in view of the fact that the applicant has received Visa call from the USA Embassy and he has to appear and if granted Visa, also has to visit USA for a short while. Counsel for the applicant submitted that the applicant has fulfilled all conditions of the bail so far. The applicant has a steady business in Halol and only for a short duration, he has to travel abroad for the purpose noted above.
4. Considering the submissions made, in modification of the above condition Nos.4, 5 and 7, it is provided that the applicant shall be allowed to visit USA for a period of 3 months if he is granted migration Visa by the USA Embassy.
5. For the above purpose, the Condition Nos. 4, 5 and 7 noted above shall be suspended from today till 30.4.2012. The applicant, however, shall intimate to the trial court his departure and return dates as well as his full tour program and the address in USA while he would be visiting the said country. Upon completion of the period, he shall return to India and shall surrender his passport before the trial court.
6. It is clarified that on or from 1.5.2012, all the conditions shall stand re-imposed. Rule is made absolute. Direct service is permitted.
(AKIL KURESHI, J.) (vipul) Top