The applicant has filed this petition under section 439 of the Code of Criminal Procedure, 1973 with the following prayer:
[a] Your Lordship may be pleased to delete/modify condition No. 4 & 5 of order dated 06.06.2007 in Criminal Misc. Application No.2028 of 2007 at Annexure-B and further be pleased to pass an order to return the passport to him which is in the custody of the City Crime Branch Gaikwad Haveli Ahmedabad and further to allow the applicant to travel abroad [USA] from 06.05.2012 to 06.08.2012 on such terms and conditions as may be deemed fit by this Honourable Court.
2. Learned advocate for the applicant submits that son of the applicant completed his Masters in Information Systems Management and Graduation Ceremony scheduled to be held on 19.05.2012 at the Carnegie Mellon University Pittsburgh In Pennsylvania, USA, and the the applicant would like to attend the said Graduation Ceremony. It is further submitted that earlier on two occasions the applicant was permitted to visit USA and the applicant surrendered his passport within the stipulated time. It is further submitted that the applicant has pledged residential property worth around Rs.75 lakhs with the Ahmedabad City Metropolitan Court No.11 where subject matter of the criminal case is pending. It is further submitted that the criminal case has not yet commenced and solvency certificate still remain with the competent court. It is further submitted that a detailed itinerary along with whereabouts of the applicant is submitted in the said undertaking.
Learned APP expressed apprehension on the basis of police report that the applicant may not return to India and since the case is pending before the competent court, he may not be permitted to go abroad by deleting/modifying the condition Nos.4 and 5.
Having heard learned advocates for the parties and considering the facts that; [i] the applicant would like to attend Graduation Ceremony of his son scheduled to be held on 19.05.2012 at the Carnegie Mellon University Pittsburgh In Pennsylvania, USA; [ii] earlier on two occasions, the applicant was permitted to visit USA and the applicant surrendered his passport within the stipulated time; [iii] he has pledged residential property worth around Rs.75 lakhs with the Ahmedabad City Metropolitan Court No.11 where subject matter of the criminal case is pending; [iv] the criminal case has not yet commenced and solvency certificate still remain with the competent court; and [v] undertaking is filed disclosing his detailed itinerary and whereabouts, I am inclined to direct the authority concerned to release passport of the applicant. Accordingly, office of the City Crime Branch Gaikwad Haveli Ahmedabad is directed to return passport of the applicant upon the applicant submitting an application along with similar undertaking filed in the present application. Xerox copy of the passport be kept with the Investigating Officer. On return, the applicant shall redeposit the passport with the Investigating Officer. Rest of the conditions shall remain as they are.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
[Anant S. Dave, J.] *pvv Top