1. This application is preferred by the applicant with a prayer to delete or modify the condition No.8(e) imposed upon the applicant, while granting anticipatory bail to the applicant by passing order dated 17.11.2011 Criminal Misc. Application No.15317 of 2011. Condition No.8(e) reads as under :
"e) not leave India without the permission of the Court and if is holding a Passport, surrender the same before the trial Court immediately."
2. Learned advocate Mr. Purohit for the applicant submitted that the applicant has complied the conditions imposed by this Court while enlarging the applicant on anticipatory bail. He also submitted that the applicant is businessman and therefore, he has to visit abroad. He also submitted that the present applicant also preferred Special Criminal Application No.203 of 2012 for quashing and setting aside the complaint. This Court vide order dated 20.1.2012 granted stay in terms of para 32(B) of the said Application. The said interim relief is extended till further date of hearing. He also submitted that for limited period, the applicant has to visit abroad and therefore, the passport of the applicant may be released for a period of four months.
3. Heard learned APP Mr. Jani for the State.
4. Heard both the parties and perused the papers. I have taken into consideration the orders passed by this Court and also circumstances stated by the applicant in his application. The applicant is engaged in the business and therefore, he has to visit abroad for business purpose and therefore, I am inclined to allow this application. Condition No.8(e) imposed by this Court in Criminal Misc. Application No.15317 of 2011 dated 17.11.2011 is suspended for four months from the date of visit to abroad, of the applicant. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top