(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) Rule.
Learned counsel Mr. Jayant Panchal, who is specially appointed as Special Public Prosecutor in this matter, waives service of Rule.
By filing this application, the applicant has prayed that since he wants to go for pilgrimage to Makka Madina for Hajj, his passport may be released temporarily till he returns back from the Hajj.
It is submitted by learned counsel Mr. Kharadi that the petitioner will be going for Hajj in the month of October, 2012, but prior to that, he is required to submit his passport before the Hajj Committee and appropriate endorsement is required to be taken and thereafter, he is required to go for Hajj. He further submitted that the Hajj tour will be for about 40 days. It is further submitted that by end of November, 2012, the petitioner will return back. Since the petitioner is already acquitted by criminal Court and since acquittal appeal is pending and considering the fact that in the past, his passport was ordered to be released as he wanted to go for "Umra", the Court may pass appropriate order as deemed fit.
Considering the submissions for both the learned advocates of the parties and considering the fact that even earlier, a Division Bench, by its order dated 27.7.2011 in Criminal Misc. Application No.5972 of 2011, released the passport for temporary period and considering the fact that the applicant wants to go for Hajj and considering the document at page No.8, Annexure A, we permit release of passport of the applicant upto 15.12.2012. The applicant after returning to India shall surrender his passport before the same authority before whom the passport is lying as on today.
With the aforesaid, the application is disposed of. Rule made absolute. Direct service is permitted.
[P.B.MAJMUDAR, J.] [MOHINDER PAL, J.] shekhar* Top