The present application has been filed by the applicant accused for modification of the conditions imposed vide order dated 20.02.2004 passed in Criminal Miscellaneous Application No.765 of 2004 while granting bail to the applicant-accused. The aforesaid order imposes the conditions including the condition no.4(g) while releasing the applicant accused on bail. Condition No.4(g) provides,-
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not leave India without the permission of the Court and if having Passport, shall deposit it with the trial within a week."
The present application, therefore, has been filed seeking modification of the condition no.4(g) as the petitioner desires to go to Umrah Pilgrimage for which he desires the passport and also permission to leave India. It is also stated that he undertakes that he will surrender passport immediately on his return.
MS.C.M.Shah, learned Additional Public Prosecutor has confirmed about the fact that cause mentioned in the application is found genuine and, therefore, the present application deserves to be allowed for modification of the condition no.4(g).
Learned advocate Mr.Bukhari for the applicant accused has also stated that he will require the passport for Pilgrimage and therefore, present application may be allowed.
Applicant is permitted to leave India for two months from the date of receipt of this order during which he has to travel abroad and return to India.
Condition No.4(g) is accordingly modified and the applicant is permitted to leave India for the purpose of Umrah Pilgrimage during the aforesaid period of two months after completing all necessary formalities.
The applicant shall surrender his passport on his return to India within a week.
[M.D.SHAH, J.] ..mitesh..
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