Heard Mr.Rushabh R.Shah, learned advocate for the applicant, Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent no.1-State and Mr.Y.N.Ravani, learned Standing Counsel for respondent no.2.
Having considered submissions advanced on behalf of respective parties, so also considering the earlier orders passed by this Court annexed with this application, it appears that the applicant proposes to go on religious tour to Umra and for the said purpose, about the passport, which came to be deposited pursuant to one of the conditions imposed vide order dated 17.04.2009, passed in Criminal Misc. Application No.1453 of 2009, it is requested that the concerned Trial Court may be directed to return the pass-port of the applicant for the aforesaid purpose.
Mr.Shah, learned advocate for the applicant submits that after obtaining passport and before leaving India, the applicant shall have to undergo various required formalities viz. Visa etc., and thereafter, he will be in a position to leave India. He, therefore, submits that at the first instance keeping this matter pending, the applicant may be permitted to take back his passport from the Trial Court for the period of at least two months so that within that period, the applicant can undergo required formalities and as soon as those formalities would be over and the applicant shall get chance to visit Umra for religious tour, he shall file his detailed time schedule about his departure from India, various places where he will stay and the date on which he will return back to India together with some formal proof.
In the above view of the matter, at the first instance, the Trial Court is directed to return back the passport of the applicant for the period of two months from the date of actual handing over passport to the applicant, and within this period, the applicant shall under go required formalities for going abroad as discussed above and as soon as he gets legal clearance to go abroad, he shall file detailed time schedule in this matter attaching some formal proof in support of such time schedule, and thereafter, necessary order shall be passed. S.O. to 10th April,2012. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top