(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Leave to join Regional Passport Authority as party respondent.
Rule.
Mr.Pandya, learned APP waives service for respondent No.1 and Mr. Vaghela waives service for Regional Passport Authority. The presence of other co-accused - respondents is not required at this stage.
All the applications are by the concerned applicant who were accused before the Sessions Court in Sessions Case No.8 of 2006 and who are respondents in the present appeal being Criminal Appeal No.66 of 2011.
It is an admitted position that the applicants herein were acquitted by the Sessions Court against which the appeal has been preferred by the State and the said appeal is awaiting final hearing. Under the circumstances, if the passport is returned to the applicants with the observation that they shall not leave the limits of the country without prior permission of this Court, the same would meet with ends of justice.
It is also an admitted position that up-till now, the applicants have not been convicted in the appeal. The aforesaid came to be considered by this Court in Criminal Misc. Application No.480 of 2012 in Criminal Appeal No.66 of 2011 and therefore, no further discussion is required.
Hence, it is directed that the passport of the concerned applicant shall be transmitted to the concerned passport Authority at the first instance by the trial Court and upon the receipt of the said passport, the endorsement shall be made by the passport Authority and it shall be recorded by way of observation by the passport authority that applicant shall not leave the limits of the country without prior permission of this Court.
After such endorsement is made, the passport shall be handed over by the passport authority to the concerned applicant directly.
The applicant shall file an undertaking with this Court within 1 week that if the passport is returned to them, they shall not leave the limits of the country without prior permission of this Court.
All applications are disposed of accordingly. Rule made absolute.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top