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.
P.M. Thakkar, learned Senior 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 Senior 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. Learned Senior Advocate further submitted that on earlier occasion, looking to the medical condition of wife, this Court by order dated 07.04.2011 passed in Criminal Misc. Application No.3635 of 2011 permitted the applicant to go abroad for a period of 3 months and the applicant has returned to India on 19.07.2011 and deposited his passport with the learned Chief Judicial Magistrate, Vadodara on 27.02.2011. Since the ailment of the wife of the applicant is further deteriorated and medical certificate of Radiologists dated 08.07.2011 reveals that there is increasing lisions in brain, which may even lead to her total blindness. Learned Senior Advocate lastly submitted that considering the overall facts and circumstances of the case, prayers made in this application be granted in the interest of justice. Thereafter also, the applicant was permitted to go abroad on two occasions vide orders dated 23.09.2011 and 30.03.2012 passed by this Hon'ble Court in Criminal Misc. Application Nos. 12808 of 2011 and 3900 of 2012 and the applicant has scrupulously complied with the orders passed by this Hon'ble Court.
6. In paras 19, 20, 21 and 22 of this application, the applicant has stated that the expenses to be incurred for the medical treatment of his wife would be around 2000 Euros and other expenses towards rental accommodation, food, electricity, etc. would be around 1700 Euros. Further, the applicant has applied for a work permit with Reuinion Visa and has to undergo integration course for six months in Germany so as to meet with the above expenses. Therefore, it is submitted that the applicant may be permitted to allow to remain in Germany for a long duration since in India the applicant is unemployed.
7. Learned Senior Advocate further submits that for the reason of his wife's incurable illness, again he is required to go urgently to Germany to look after her illness. It is, therefore, submitted that looking to the serious incurable disease, the condition No. [iii] of depositing passport with the concerned court deserves to be deleted, more particularly, when the amount deposited by the applicant with the concerned court with interest is now accumulated to around Rs.52 lakhs and there is no progress in the trial.
8. Heard learned APP for the respondent - State of Gujarat.
9. 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, [ii] multiple sclerosis-serious chronic disease of the central nerve system and the ailment of the wife of the applicant is further deteriorated and medical certificate of Radiologists reveals that there is increasing lisions in brain which may even lead to her total blindness; [iii] medical treatment of the wife would be around 2000 Euros and other expenses towards rental accommodation, food, electricity, etc. would be around 1700 Euros; [iv] the applicant has applied for work permit with Reuinion Visa and has to undergo integration course for six months in Germany so as to meet with the above expenses; and [v] there is no progress in the trial; and [vi] the amount deposited by the applicant with the concerned court with interest is now accumulated to around Rs.52 lakhs.
10. 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 Germany, where his wife is residing. It is to be noted that by order dated 06.07.2010 passed in Criminal Misc. Application No.3836 of 2010, condition No [iv] of the order dated 25.1.2008 passed by this Court in Misc. Criminal Application No.11176 of 2007 was ordered to be deleted. However, it is made clear that the applicant shall file an undertaking before this Court as well as before the Trial Court stating his residential address in Germany and that as and when presence of the applicant is necessary, without any delay, he would submit to the Court / authority, as the case may be.
11. 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 the trial court is directed to release the passport of the applicant forthwith upon submission of an application along with an undertaking, as stated above, by the applicant, for a period of 12 months from the date of release of the passport. Xerox copy of the passport be kept on record of the trial court. Accordingly, the applicant is permitted to leave the country for the above period. On return, the applicant shall redeposit the passport with the trial court. Rest of the conditions shall remain as they are. At the same time, if any extension is required of the time limit imposed of surrendering the passport in this order, it will be open for the applicant to submit application in advance along with due medical certificates with regard to the ailment of his wife.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
[Anant S. Dave, J.] *pvv Top