[1] This application is filed by the applicant to direct Investigating Agency to hand over passport to him so as to enable him to travel abroad for business purpose.
[2] Heard Mr.P.B.Khambholja, learned advocate for Mr.N.K.Majmudar, learned advocate for the applicant.
[3] The applicant came to be released on bail by this Court on 28.12.1999 in Criminal Misc. Application No.7364 of 1999. Condition No.(i) of the order dated 28.12.1999 reads as under :-
(i) surrender his passport, if any, to the Investigating Agency within a week.
[4] It is submitted by the learned advocate for the applicant that as per the above condition, the applicant has surrendered passport with the Investigating Agency. It is also submitted that till date, the applicant has not committed any breach of the order passed by this Court. No untoward incident has been reported against the applicant.
[5] Considering above facts and circumstances and conduct of the applicant and as there is no possibility of trial being over within short time, this application is partly allowed.
[6] Condition no.(i) imposed by this Court vide order dated 28.12.1999 in Criminal Misc. Application No.7364 of 1999 is suspended for a period of 4(four) months. Investigating Agency is directed to hand over passport to the applicant. If the applicant succeeds in getting Visa, in that case, he shall ask permission before the Trial Court for travelling abroad under section 6 of the Passport Act.
[7] With above observations, application is partly allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.Shah, J.] satish Top