1. Present application has been filed by the applicant under Section-482 of Criminal Procedure Code, 1973 with a prayer that the impugned order passed by Additional Sessions Judge, Anand in Criminal Misc. Application No.55 of 2012 dated 11/06/2012 at Annexure-D may be modified as in the said order it is directed to deposit the amount of Rs.2,50,000/- for release of passport.
2. Rule.
Learned APP Mr. Jani waives service of notice of Rule on behalf of respondent-State.
3. Heard learned advocate Mr.B. S. Patel appearing for the applicant.
4. Learned advocate Mr. B. S. Patel for the applicant has submitted that due to ill-health of the grandchild, the applicant is required to go abroad to help the parents of the grandchild in taking care of the said minor who is hospitalized in Newborn Intensive Care Unit (NICU) at UMASS Mamorial. Therefore, considering the grounds mentioned in present application for release of the passport, the application deserves to be considered. Learned counsel for the applicant has submitted that though the prayer has been considered condition of depositing Rs.2,50,000/- is harsh. He has submitted that his passport is also required to be renewed and therefore it may be released.
5. Learned APP Mr. Jani for respondent-State submitted that the reasons for which the permission is sought for is sufficient. However, he has submitted that appropriate orders may be passed for depositing some amount.
6. In the circumstances, instead of the amount of Rs.2,50,000/- which is directed to be deposited vide order dated 11/06/2012 shall stand modified to Rs.50,000/- as prayed in para-8(A) though the period of permission granted for three months shall remain unaltered. Other conditions shall also remain unaltered. The Trial Court is ordered to release the passport of the applicant forthwith to enable the applicant to take appropriate steps for renewal of passport and visit abroad, after taking xerox of the passport and also after taking details of itinerary and contact numbers of the applicant of abroad.
7. Rule is made absolute to the aforesaid extent. Direct service today is permitted.
(RAJESH H. SHUKLA, J.) (ila) Top