1. Rule.
Learned A.P.P., Mr.H.L. Jani, waives service of notice of Rule for respondent-State of Gujarat.
2. The present application has been filed by the applicant-accused praying for modification/deletion of condition no.6(g) imposed while releasing the applicant on bail as per the order passed in Criminal Misc. Application No.10800/2009 dated 22.09.2009, which reads as under :-
"(g) surrender their passport, if any, to the lower Court, within a week."
3. Learned counsel for the applicant submitted that the applicant desires to visit Makka-Madina and thereafter for Umra for pilgrimage during the period from 20.07.2012 to 23.08.2012 and, therefore, the passport may be released subject to any condition. He further submitted that the applicant has not flouted any condition and he is businessman and, hence, he is not like to flee away.
4. Learned A.P.P., Mr.H.L. Jani resisted the present application. However, he fairly submitted that no conditions have been violated.
5. In the facts and circumstances and considering the grounds mentioned in the application as well as the fact that earlier also the condition was modified and liberty has not been misused by the applicant. In view of the rival submissions and having perused the papers, the present application deserves to be allowed.
6. Accordingly, this application stands allowed in terms of Para No.6(B). The Condition no.6(g) imposed while releasing the applicant on bail as per the order passed in Criminal Misc. Application No.10800/2009 dated 22.09.2009 is suspended in order to enable him to visit Makka-Madina and Umra for pilgrimage. The trial court shall hand over the passport of the applicant on proper identification and on his submitting itinerary and xerox copy of his passport, which shall be kept with the record on usual terms. The applicant on his returning to India, shall surrender his passport before the trial court on or before 30th August, 2012. All other conditions will remain unaltered.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top