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2016 DIGILAW 2149 (GUJ)

Jasubhai Arjanbhai Vaghasia v. State of Gujarat

2016-10-28

B.N.KARIA

body2016
ORDER : B.N. Karia, J. Heard learned advocate Mr. Kigant Kakkad, for the applicant and learned Additional Public Prosecutor, Mr. K.P Raval, for the respondent - State. 2. Learned advocate Mr. Kakkad has requested to modify the conditions no. 3, 5 and 7 in the order dated 07.06.2012 passed by the leaned 6th (Ad-hoc) Additional Sessions Judge, Junagadh dated 07.06.2012 in Criminal Misc. Application No. 193/2012 and in alternative permit the applicant to leave India and further to release passport of the applicant from 05.11.2016 to 20.01.2017 3. Learned Additional Public Prosecutor, Mr. K.P Raval, has strongly opposed this application made by the learned advocate for the applicant and argued that due to absence and frequent visit of the applicant in foreign country, the trial pending against him is prolonged and therefore, no permission can be granted to the present applicant. In alternative, learned advocate for the applicant has argued that if this Court is inclined to grant permission as prayed for by the applicant, an amount should be deposited by the applicant before this Court and an undertaking should be taken from the applicant in connection to securing his presence before the trial court in the trial pending against him. 4. Having considered the facts of the case and submissions made by the learned advocates for the respective parties and the documentary evidence produced on record, it appears that Criminal Misc. Application no. 193/2012 was preferred by the present applicant along with co-accused of the offences being C.R No. I-125 of 2012 for the offences punishable under Sections 380, 120(b) and 201 of the Indian Penal Code registered with Junagadh City “B” Division Police Station under Section 439 of Cr. P.C The learned Judge was pleased to allow the prayer made by the applicant of granting bail to all the accused by an order dated 07.06.2012 with certain conditions. It appears that condition no. 3 was imposed by the learned Trial Judge that without prior permission of the court the applicants shall not leave the territory of Gujarat State and condition no. 5 was imposed by the learned Trial Judge that if the applicants were possessing the passport, they would deposit the passport within 7 days before the Trial Court and if they are not possessing the passport then they should file their affidavits. The condition no. 5 was imposed by the learned Trial Judge that if the applicants were possessing the passport, they would deposit the passport within 7 days before the Trial Court and if they are not possessing the passport then they should file their affidavits. The condition no. 7 was imposed by the learned Trial Judge that they shall mark their presence on 1st and 15th of every English Calendar between 9.00 a.m. to 12.00 p.m. with the Junagadh City “B” Division Police Station, till charge-sheet shall be filed. Thereafter, it appears that the present applicant preferred one Criminal Misc. Application No. 759/2016 before the learned District & Sessions Judge, Junagadh for cancelling conditions no. 3 and 5 or in alternative to change the conditions. The learned District & Sessions Judge, Junagadh by order dated 21.16.2016 was pleased to partly allow the application and condition no. 3 imposed in Criminal Misc. Application No. 193/2012 was modified by the learned Judge. Hence, applicant was restrained to leave the territory of India instead of Gujarat State. Other conditions imposed in previous Criminal Misc. Application were not modified by the learned District & Sessions Judge, Junagadh. 5. As per the arguments advanced by the learned advocate for the applicant hat in past also for business purpose the present applicant has visited to foreign country and at present also his passport is lying with the trial court. He intends to visit abroad from 06.10.2016 to 20.01.2017 and he undertakes that he will return back in time and remain present before the trial court in trial pending against him. 6. Considering the facts and submissions, the petition is hereby allowed. The condition imposed by the learned District & Session Judge, Junagadh in Criminal Misc. Application No. 759 of 2016 restraining the applicant for leaving the territory of India is hereby modified and is permitted to visit abroad particularly New York from 05.11.2016 to 20.01.2017 on condition that the applicant shall deposit an amount of Rs. 1,00,000/- (Rupees One Lakh Only) before the Registry of the High Court of Gujarat and he shall pass his undertaking of securing his presence before the trial court in the trial pending against him. He will return back in time. Direct service is permitted.