(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) The applicants are the appellants of Criminal Appeal No. 1126/2007, which is admitted by this Court vide order dated 31.8.2002. The applicants are convicted for the offences under section 176 and 177 of IPC and are sentenced to S/I for one month and three months, respectively.
Both the applicants are on bail since the sentence is suspended by the order of this Court dated 31.8.2007 recorded in Criminal Misc. Application No. 10028/2007.
One of the condition imposed while granting bail to the present applicants was to the effect that they shall not leave the territory of the State of Gujarat without prior permission of this Court and they will surrender their passport, if any.
The condition of not to leave territory of State of Gujarat came to be modified vide order dated 6.9.2007 by substituting the condition to the effect that they shall not leave the territory of India without prior permission of this Court.
By the present application, the applicants have prayed that they be permitted to travel abroad for business and tourism purpose. For this purpose, they need their passport be renewed and for visa purpose. In substance, they have prayed that they be granted permission to leave India during the period from August, 2012 to February, 2013 on suitable terms and conditions.
From the record, we find that on earlier occasion also, the applicants were permitted to travel abroad and they have returned to India without violating any of the conditions. Reference may be made to the order passed by this Court dated 29.7.2009 recorded in Criminal Misc. Application No. 8755/2009.
We have heard Mr. AD Shah learned counsel for the applicants, Mr. Shakeel A Qureshi learned counsel for the Passport authorities and Mr. Patel learned APP for the State. No adverse circumstances are pointed out against the applicants.
Considering the totality of the facts, the application is allowed and the following order is passed:
The applicants are permitted to leave India during the period from 1.8.2012 to 28.2.2013, with the direction that they shall give their complete contact details to the court below, while they are not in the India.
Rule is made absolute.
Direct service is permitted.
[RAVI R. TRIPATHI, J.] [PARESH UPADHYAY, J.] mandora/ Top