This is an application preferred by the applicant for modification of condition no. [e] of the Oral Order dated 18th October 2012 granting him anticipatory bail in Criminal Misc. Application No. 14824 of 2012. The said condition [e] reads, thus -
[e] will not leave India without the permission of the Court and if is holding a passport, shall surrender the same before the trial Court immediately.
Heard learned advocate Shri Ashish Dagli appearing for the applicant and learned APP Shri R.C Kodekar appearing for the respondent-State.
From 19th September 2013 to 23rd September 2013, the applicant has sought release of his passport, which is in the custody of Sessions Court at Godhara, as he has been invited for attending a business meet at Bangkok-Thailand arranged by Hike Leather Private Limited. Since the present applicant is a dealer of Messrs. Hike Leather Private Limited for the past six years, he has been invited to attend the meeting.
It appears that criminal case is yet not committed to the Court of Sessions and the committal proceedings are likely to take some more time.
On verifying the genuineness of the invitation so also the details of the itinerary provided by the applicant, this application is being allowed, modifying condition [e] for a temporary period of ten days for the purpose of allowing him to leave India to attend the meeting, on the following conditions that the applicant :-
[a] shall deposit a sum of Rs. 25,000/= in cash [refundable] with the Sessions Court, Godhara; and [b] shall file an undertaking of his returning back to India after attending the meeting;
On receipt of this order and upon deposit of a sum of Rs. 25,000/=, the learned Sessions Judge, Godhara shall forthwith hand-over passport to the applicant.
On his return, the applicant shall immediately surrender his passport back to the Sessions Court, Godhara and get the refund of Rs. 25,000/=, deposited by him.
Direct service is permitted today.
{Ms. Sonia Gokani, J.} Prakash* Page 3 of 3