Rule.
Learned APP Mr.H.L. Jani waives service of notice of rule for respondent-State of Gujarat.
The present application has been filed by the applicant-accused praying for quashing and setting aside the order passed by in Criminal Misc. Application No.989/20123 by the Additional Sessions Judge, Vadodara dated 11.06.2012 produced at Annexure-E and for modification of condition no.4(f) imposed while releasing the applicant on bail as per the order passed in Criminal Misc. Application No.13872/2002 dated 09.12.2005, which reads as under :-
"(f) not leave India without the permission of the Court and, if having passport, shall deposit the same before the trial Court within a week"
Learned counsel, Mr.Patel for the applicant has stated that as stated in the application filed by the applicant, the applicant desires to visit abroad for which he may apply for Visa. He, therefore, submitted that the passport may be returned to him so that he can take further steps regarding Visa. He further submitted that he will undertake that if the passport is released, he will apply for Visa and after getting it, he will again approach the Hon'ble Court for further direction with regard to his travel abroad for a limited period.
Learned APP Mr.Jani has stated that for the purpose of Visa, the passport may be released.
In the facts and circumstances, the present application deserves to be allowed partly and the condition regarding surrender of passport is required to be suspended for a limited period.
Accordingly, this application stands allowed partly. The Condition no.4(f) imposed while releasing the applicant on bail as per the order passed in Criminal Misc. Application No.13872/2005 dated 09.12.2005 is hereby suspended for a period till 4th October, 2012. The trial court shall hand over the passport of the applicant on proper identification and on his submitting xerox copy thereof, which shall be kept with the record. The applicant shall file an undertaking at the time of release of passport that he will not travel abroad and he is being given passport for the purpose of Viza. All other conditions will remain unaltered.
The applicant shall apply before the trial court for extension.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
Sd/-
(RAJESH H.SHUKLA, J.) /patil Top