(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.Pandya, learned APP waives service of rule for respondent No.1 and Mr.Y.V.Vaghela, learned Standing Counsel waives service of rule for respondent No.2.
It appears that the applicant was acquitted by the learned Sessions Judge in Sessions Case No.75 of 2006 against which, the appeal has been preferred by the State and the said appeal being Criminal Appeal No.1581 of 2008 is pending for final hearing.
Under the circumstances, the applicant if he so desires to get his passport renewed or he is desires to get the fresh passport, same can be permitted but with condition that applicant shall not leave the limits of the country without express prior permission of this Court.
As on today, as stated by the applicant, the passport is with him and therefore, no further aspects deserves to be considered.
It was also submitted by Mr.Gupta, learned counsel for the applicant that applicant is anticipating interview call for immigration of U.S. Embassy but up-till now, he has not received.
Under the circumstances, we find that said aspect need not be considered at this stage and the matter may be considered by the Court at the time when such contingency arise. Hence, the following order.
Applicant shall be permitted to get his passport renewed or fresh passport on following conditions:
(i) He shall file an undertaking with this Court that he shall not leave the limits of the country without prior express permission of this Court;
(ii) The passport authority shall also mention the aforesaid clause by way of the observation in the passport.
Application disposed of accordingly. Rule made absolute to the aforesaid extent.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top