Rule. Learned APP Mr.H.l. Jani appears and waives service of notice of rule for respondent-State.
The present application has been filed by the applicant-accused praying for deletion of condition nos.8(f) and 8(g) imposed while releasing the applicant on bail as per the order passed in Criminal Misc. Application No.10231/2010 dated 13.09.2010 regarding the surrender of passport as well as marking presence.
Heard learned Sr. Counsel, Mr.B.B.
Naik appearing learned counsel, Mr.P.D. Bhate for the applicant-accused and learned APP, Mr.H.L. Jani for the respondent-State.
Having regard to the facts and circumstances and having considered the rival submissions, the request for deletion of the conditions cannot be entertained. However, it may be modified to enable the applicant to visit abroad as it has been done in earlier occasions.
Therefore, the present application stands allowed partly. The Condition nos.8(f) and 8(g) imposed while releasing the applicant on bail as per the order passed in Criminal Misc. Application No.10231/2010 dated 13.09.201 are suspended in order to enable him to visit abroad for his business purpose. The trial court shall hand over the passport of the applicant on proper identification and on his submitting itinerary mentioning the stay and contact number of abroad and xerox copy of his passport, which shall be kept with the record. The applicant shall surrender his passport before the trial court on or before 7th November, 2012. All other conditions will remain unaltered.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top