1. The applicant has filed this application for modification / deletion of condition No.(iii) in the order dated 25.01.2008 passed in Misc. Criminal Application No.11176 of 2007 passed by this Court in connection with FIR being CR No.1-4/2003 with Vadodara D.C.B. Police Station.
2. Mr.
D.M. Thakkar, learned Advocate for the applicant submits that as against the complaint amount of Rs.10,00,000/- the applicant has deposited Rs.35,00,000/- before the court and the said amount is invested in fixed deposits, which is now increased to Rs.50,00,000/- with cumulative interest accrued on the said deposits.
3. It is further submitted that applicant has solemnized his marriage with Heike llen Seeger on 22.01.2010 as per Special Marriage Act. The wife of the applicant is from Germany and her family is in Germany. The applicant submits that on 06.08.2010 the father-in-law i.e. Hans-Dieter passed away in Germany.
4. Learned Advocate submitted that in the past, the applicant was permitted to travel abroad to pay homage to deceased father-in-law of the applicant and returned to India within three weeks and re-deposited his passport. Further, at present, wife of the applicant, who is residing at 88633 Heiligengberg Hohensteinstr 30, Bodensee, Germany is suffering from two life threatening serious diseases and is being treated at present in Germany. The wife of the applicant is suffering from [i] Celiac disease [ii] multiple sclerosis-serious chronic disease of the central nerve system. The applicant submits that there is no cure for the above diseases and therefore to slow down or stop further deterioration constant medication under specialist doctors is utmost necessary. The applicant submits that above diseases are rare in the entire world and in India necessary medical treatment for these diseases is not available and, therefore, wife of the applicant is required to take treatment in Germany where she can get proper treatment and medication.
5. Heard learned APP for the respondent - State of Gujarat.
6. Heard learned advocates for the parties and perused the record of the case, including the medical reports of the wife of the applicant. From the record, it appears that wife of the applicant is suffering from [i] Celiac disease and and [ii] multiple sclerosis-serious chronic disease of the central nerve system and the ailment of the wife of the applicant is further deteriorated as stated by learned advocate for the applicant that there is increasing lisions in brain which may even lead to her total blindness. From the record, it also appears that the applicant has been scrupulously obeying the terms and conditions of the bail order and also re-deposited the passport as and when he was granted permission to visit foreign countries on Germany, where his wife is residing.
7. Considering the facts and circumstances of the case, condition No.(iii) namely 'surrender his passport, if any, to the lower court within a week' in the order dated 25.1.2008 passed by this Court in Misc. Criminal Application No.11176 of 2007, is kept in abeyance for the time being and time to deposit the passport by the applicant is extended for a period of six months from today as ordered in order dated 23.9.2011 passed in Criminal Misc. Application No. 12808 of 2011. On return, the applicant shall redeposit the passport with the trial court. Rest of the conditions shall remain as they are.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
[Anant S. Dave, J.] //smita// Top