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2016 DIGILAW 2207 (GUJ)

Bharatbhai Jayantilal Shah v. State of Gujarat

2016-12-02

ABHILASHA KUMARI

body2016
ORDER : Abhilasha Kumari, J. Rule. Mr. N.J. Shah, learned Additional Public Prosecutor waives service notice of Rule for the respondent-State of Gujarat. 2. This application has been preferred by the applicant with a prayer to suspend Condition No. 28(f) of the order dated 11.05.2012, passed by this Court in Criminal Misc. Application No. 2400/2012 for a period upto 31.10.2017. 3. The applicant, along with the co-accused persons, had preferred Criminal Misc. Application No. 2400/2012 for the grant of anticipatory bail under Section-438 of the Code of Criminal Procedure, 1973, on apprehension of arrest in connection with the FIR being C.R No. I-41/2011, registered with DCB (Crime) Police Station, Ahmedabad, for the offences punishable under Sections-406, 420, 467, 468, 477A and 120B of the Indian Penal Code. By the order dated 11.05.2012, passed in the above-mentioned application, anticipatory bail was granted to the applicant, and other co-accused on certain conditions. One of the conditions was Condition No. 28 (f), which reads as follows:- “28(f) not leave India without the permission of the Court and, if they have Passports, shall deposit the same before the Trial Court within two weeks from today;” 4. Heard Mr. Viral K. Shah, learned Advocate for the applicant and Mr. N.J Shah, learned Additional Public Prosecutor for the respondent-State of Gujarat and perused the averments made in the application. 5. It is submitted by the learned Advocate for the applicant that the duration of stay of the applicant in different countries has been mentioned in paragraph-10 of the application. However, it is undertaken by Mr. Shah, learned Advocate for the applicant, that the detailed itinerary of the foreign travel of the applicant, along with specific dates of travel, places of stay, and contact numbers of the applicant would be supplied to the concerned Court. 6. It is submitted that the applicant is a businessman and he has to travel frequently out of the country for business purposes, as he is required to visit different countries for the purpose of participation in exhibitions for the growth of his business carried out in India. The applicant is also required to visit foreign countries to implement and adopt new technologies and inventions in his business so as to stand in the competitive market at the national and international level. 7. The applicant is also required to visit foreign countries to implement and adopt new technologies and inventions in his business so as to stand in the competitive market at the national and international level. 7. It is further submitted that the applicant has been permitted to go abroad on past occasions as well and has always abided by the conditions imposed by this Court. That, the applicant would surrender his passport in time, as and when directed by the Court and strictly adhere to the terms and conditions that may be imposed. The applicant is a law-abiding citizen and has deep roots in society, therefore, the prayer made by the applicant, for the temporary suspension of the said condition for a period of ten months, may be granted. 8. Mr. N.J Shah, learned Additional Public Prosecutor has submitted that in the event that the Court is inclined to accept the prayer of the applicant, appropriate security may be demanded from him. 9. Having heard the learned counsel for the respective parties, the following order is passed: (a) The applicant shall make application before the appropriate Court requesting to hand over his Passport on, or before, 06.12.2016. Upon receipt of such application, the appropriate Court shall hand over the Passport of the applicant to him. The applicant shall also submit a fresh detailed itinerary of his foreign travel, along with the addresses of the places he intend to visit/stay and the contact numbers at each destination, to the appropriate Court. The applicant shall, upon his return to India, re-submit and return his Passport to the appropriate Court on, or before, 31.10.2017 (b) As a security, the applicant shall deposit a sum of Rs. 1,00,000/- (Rupees One Lakh Only) before the appropriate Court, which amount shall be returned to him when he surrenders his Passport on 31.10.2017 (c) Further, the applicant shall file an undertaking before the appropriate Court that if the Passport is handed over to him for the period indicated hereinabove, he shall surrender the same to the concerned Court within the period of time stipulated by this Court. (d) Condition No. 28(f) contained in the order dated 11.05.2012, passed in Criminal Misc. Application No. 2400 of 2012, shall remain temporarily suspended with effect from 06.12.2016 to 31.10.2017 10. (d) Condition No. 28(f) contained in the order dated 11.05.2012, passed in Criminal Misc. Application No. 2400 of 2012, shall remain temporarily suspended with effect from 06.12.2016 to 31.10.2017 10. It is made clear that if the applicant commits any breach of the above conditions, it may result in an adverse order being passed. 11. The application is allowed, to the above extent. Rule is made absolute, accordingly. 12. In addition to the normal mode of service, Direct Service is also permitted.