The petitioner - original accused has filed this petition with a prayer to release the passport of the petitioner for a period of 6 months by imposing suitable conditions, since the effort made before the trial Court has yielded no result.
2. Mr.
Majmudar, learned advocate for the petitioner, submits that earlier also the petitioner was permitted to go abroad and has returned to the native country. It is further submitted that the petitioner is ready and willing to furnish undertaking and considering the nature of professional assignment and that the petitioner has roots in the society, by imposing suitable conditions, passport of the petitioner may be released for a period of six months.
2. Mr.
Shah, learned APP appearing for the respondent - State of Gujarat submits that so far as condition of bail is concerned, application for cancellation of bail is pending before this Court.
3. Heard learned advocates for the parties and perused the record of the case, including further affidavit dated 21.01.2012 filed by the petitioner. From the record, it appears that earlier also the petitioner was permitted to travel abroad and he returned to the native country on time. Considering the facts and circumstances of the case and requirement of the petitioner to travel Kenya, I am inclined to direct the concerned trial Court to release the passport of the petitioner upon the petitioner furnishing an undertaking stating his whereabouts at Kenya and other related details. Xerox copy of the passport be kept on record of the trial court. On return, the petitioner shall redeposit the passport with the trial court. Rest of the conditions shall remain as they are.
This application is allowed to the aforesaid extent only.
Direct service is permitted.
[Anant S. Dave, J.] *pvv