1. Rule. Ms.Archana Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State of Gujarat. With the consent of learned advocates appearing for the respective parties, the application is taken up for final hearing today.
2. Present revision application is filed by the petitioner-original accused for an appropriate order to quash and set aside the order dated 12.5.2008 passed by the learned Sessions Judge, Porbandar in Criminal Misc. Application No.49 of 2008 and to permit the petitioner to visit abroad for two years minimum by further directing the trial court to release the passport on any suitable terms and conditions deemed fit and expedient in the interest of justice.
3. Shri Ashish Dagli, learned advocate appearing on behalf of the petitioner has submitted that earlier the petitioner-original accused was permitted to go to U.K. for a period of six months and accordingly the applicant had visited U.K. and has returned as per the direction issued by this Court. It is submitted that again the petitioner is required to go to U.K. as he is a permanent citizen of that country and is having its business and family in U.K. It is submitted that thereafter pursuant to the liberty reserved by this Court vide order passed in Criminal Revision Application No.359 of 2007 dated 20.7.2007, the applicant had submitted the application before the learned Principal District & Sessions Judge, Porbandar permitting him to go to U.K. However, as the application was for two years and though the trial court has observed that he can be permitted to go to U.K., for 2 to 3 months rejected the said application. As the prayer of the petitioner was for a larger period.
Shri Dagli, learned advocate appearing on behalf of the petitioner has submitted that he may be permitted to go to U.K. at least for 2 to 3 months and that he has no objection if the trial is concluded and evidence is recorded in his absence and in presence of his pleader and that he will make himself available at the time of conclusion of trial. He has also submitted that the petitioner is ready to deposit Rs.5.00 lacs as a security and that he has also filed an undertaking that he and his father shall not dispose of and/or transfer the properties mentioned/described in the valuation report produced along with the undertaking. He has submitted that a similar undertaking will be filed by his father within 10 days from the receipt of the order. He has further submitted that a suitable condition may also be imposed that the petitioner will make himself available on a prior notice of 10 days even during the aforesaid 2 to 3 months and he will return to India immediately.
4. Ms.Archana Raval, learned Additional Public Prosecutor appearing on behalf of the respondent-State has submitted that the trial has begun and two witnesses are already examined, and if the petitioner is permitted to leave India and to go to U.K., in that case the trial will be delayed. However, still it is submitted that if this Court is inclined to consider the prayer of the petitioner positively for 2 to 3 months, in that case this Court may impose suitable conditions in the interest of the prosecution and the trial is not delayed. At this stage, Mr.Dagli, learned advocate appearing on behalf of the petitioner has submitted under the instructions from his counter- part at Porbandar that still trial has to take minimum 3 to 4 months.
5. Heard the learned advocates appearing on behalf of the respective parties.
6. It is not in dispute that vide judgment and order dated 20.7.2007 passed in Criminal Revision Application No.359 of 2007, the petitioner was permitted to go to U.K. on the condition of furnishing a solvent surety in the sum of Rs.1,00,000/- before the trial court and on certain conditions and thereafter the applicant had gone to U.K. and on completion of aforesaid period, he has to return India. It is not in dispute that the petitioner has his business and family in U.K. and he is a permanent citizen of that country. The petitioner has other family members and property in India and the petitioner has also filed a separate undertaking before this Court that he will deposit a sum of Rs.5.00 lacs (Rupees Five Lacs) as a security deposit within 10 days and that he and his father will not transfer the residential house of which valuation report is produced along with the undertaking and similar undertaking will also be filed by his father within 10 days from the date of receipt of the order before the trial court. The petitioner has also agreed and has declared before the court that he has no objection if the trial is proceeded in his absence and the evidence recorded in the presence of his pleader. He has also submitted that a suitable condition be also imposed that on a prior 10 days notice he will return to India without any further delay.
7. Considering the above, if the petitioner is permitted to go to U.K. for three months with certain conditions to protect the interest of the prosecution as well as to see that the trial is not delayed, it will meet the ends of justice.
8. The petition is partly allowed with the direction that passport of the petitioner shall be released to him for his travelling abroad more particularly to U.K. and leaving the State of Gujarat, on condition of returning to India within three months of release of the passport and re-depositing the passport with the trial Court and on the further condition of depositing a sum of Rs.5.00 lacs (Rupees Five Lacs) within 10 days from today before the trial court, and on a further condition that he and his father shall not transfer the property mentioned in the valuation report annexed with the undertaking which is produced on record till the conclusion of trial. The undertaking along with the valuation report of the properties are directed to be taken on record. The father of the petitioner shall also file an undertaking as stated by the learned advocate Mr.Dagli and as so stated in the undertaking which is filed today. One copy of the undertaking to be placed on record of the present proceedings. The trial court shall dispose of the trial as early as possible but not later than six months from the date of receipt of the present order. It is ordered that even during the aforesaid period of three months on prior 10 days notice, the applicant shall return to India and appear before the trial Court. The other conditions of bail shall remain intact. The trial court shall invest the aforesaid amount of Rs.5.00 lacs (Rupees Five Lacs) to be deposited by the petitioner as stated above in a fixed deposit with any Nationalised Bank in the name of Nazir initially for a period of six months.
9. Rule is made absolute accordingly. Direct service is permitted.
( M.R. SHAH, J. ) syed/