1. Present application has been filed by the applicant original accused for release of the Passport being No. E-7257223 for the purpose of renewal of the same, which is deposited before the Principal District Judge, Gandhinagar.
2. Heard, learned advocate Mr. J.B. Dastoor for the applicant and learned Additional Public Prosecutor Mr. K. L. Pandya for the respondent State.
3. Rule.
Learned Additional Public Prosecutor Mr. K. L. Pandya waives service of Notice of Rule on behalf of respondent.
4. The applicant original accused was charged with the offences punishable under Sections 7, 13(1)(d)(i), (ii), (iii) and 13(2) of the Prevention of Corruption Act, 1988 and was acquitted vide order dated 29/03/2012, passed by the learned Special Judge (ACB), Main Court, Gandhinagar in Special (ACB) Case No. 8 of 2009, against which, an appeal has been preferred by the State being Criminal Appeal No. 858 of 2012, which has been admitted.
4.1 The learned advocate for the applicant has submitted that in light of the above-referred proceedings, the aforesaid Passport being No. E-7257223 was deposited before the learned Principal District Judge, Gandhinagar. He drew the attention of the Court to page Nos. 6, 7, 8 and 9 to the application, which is the copy of the Passport and submitted that the said Passport is going to expire on 08/12/2013 and accordingly, the same is required to be renewed for a further period, as per the provisions of the Passport Act for which the applicant original accused has also applied for No Objection Certificate vide application dated 25/10/2013, before the concerned office, where the applicant is serving presently. The learned advocate for the applicant has then invited attention of the Court to order dated 05/02/2013, passed by this Court in Criminal Misc. Application for direction No. 964 of 2013 in Criminal Appeal No. 858 of 2012 and submitted that in light of the said order, the applicant original accused had left India on 12/03/2013 and returned to Ahmedabad on 30/05/2013, as reflected on page No. 7 of the Passport. In short, he has submitted that the terms and conditions which have been imposed while passing the order dated 05/02/2013, have been complied in its letter and spirit.
4.2 Learned Additional Public Prosecutor has submitted that in the circumstances, suitable order may be passed.
5. I have considered the present application and the averments made therein and also perused the affidavit of the applicant original accused supporting the said averments. Under the circumstances, the present application deserves to be allowed and is accordingly allowed. The Principal District Judge, Gandhinagar is hereby directed to release the Passport of the present applicant original accused being No. E-7257223 for a period of four months, so as to enable the applicant to get the same renewed from the Passport authority.
5.1 The applicant original accused is hereby directed to submit the said original Passport with the learned Principal District Judge, Gandhinagar, as and when he receives the renewed Passport. Rule is made absolutely accordingly.
[ G. B. Shah, J. ] hiren Page 4 of 4