ORDER : 1. Leave to amend prayer clause (a) of the present application. The applicant to carry out necessary amendment forthwith. 2. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of respondent-State. 3. By way of the present application, the applicant original accused has prayed to quash and set aside order dated 5.1.2016 passed by learned 9th Additional Sessions Judge (Adhoc), Surat in Criminal Misc. Application No. 25 of 2016. By amendment, the applicant has prayed to suspend condition No. (1) imposed by learned Sessions Judge, Surat vide order dated 15.9.2005 passed in Criminal Misc. Application No. 1265 of 2015 for a period of two years, whereby the applicant is restrained from leaving Gujarat without permission of the Court and to surrender his passport, if any, to the lower Court. Thereafter, the said condition No. (1) was modified vide order dated 31.3.2009 in Criminal Misc. Application No. 579 and 580 of 2008 and the learned Sessions Judge has restrained the applicant from leaving India without prior permission of the Court. 4. Mr. Amit V. Thakkar, learned advocate appearing for the applicant, has urged that, on earlier occasions, he has been permitted to leave country in Criminal Misc. Application Nos. 87 of 2006, 29 of 2007, 1787 of 2007, 599 of 2008, 1030 of 2008, 1516 of 2008. He urged that the daughter of the applicant is residing with her husband Prashant Patel at Illinois Chicago (USA) and is pregnant. The expected date of delivery is 15.5.2016. The father-in-law and mother-in-law of the daughter of the applicant are residing at Visnagar and hence, there is no one to look after her. Hence, the applicant along with his wife intends to visit USA from 15.3.2016 to 15.9.2016 so as to take care of their daughter. He would further urge that on number of occasions, the applicant has been permitted to leave India. He would further submit that the applicant shall give the details about his visit of the foreign countries to the trial Court as well as concerned Police Station with his addresses of the places and the telephone numbers whenever he is leaving the country. Therefore, he urged that the present application may be allowed and passport may be released permanently and the condition to leave India may be suitably modified by imposing any suitable condition. 5. Therefore, he urged that the present application may be allowed and passport may be released permanently and the condition to leave India may be suitably modified by imposing any suitable condition. 5. Learned APP appearing for the respondent-State has also urged this Court to direct the applicant to produce necessary papers of his visit, however, he confirms that he has not breached any of the conditions at any point of time while traveling abroad. He urged to impose strictest conditions, if permitted, as requested for. 6. The applicant is permitted to visit USA for the aforesaid period for the following reasons. 7. As can be noted from the record that the applicant had been permitted to travel abroad on earlier occasions and there is nothing on record to indicate that he has flouted the order or any of the conditions at any point of time. Moreover, the cause ventilated in the present application, certainly would require furnishing of requisite documents and it is submitted by Mr. Amit V. Thakkar, learned advocate for the applicant that requisite documents would be made available by the applicant before the learned Trial Court as well as to the concerned Police Station in due course. 8. Considering the above facts, this application is allowed. The order dated 5.1.2016 passed by learned 9th Additional Sessions Judge (Adhoc), Surat in Criminal Misc. Application No. 25 of 2016 is hereby quashed and set aside. The condition No. (1) imposed vide order dated 15.9.2005 passed in Criminal Misc. Application No. 1265 of 2015 and thereafter modified vide order dated 31.3.2009 in Criminal Misc. Application No. 579 and 580 of 2008 is hereby suspended for a period of two years on the condition that the applicant shall give his travel schedule to the trial Court and the concerned Police Station with his addresses of the places and the telephone numbers whenever he is leaving the country and shall also provide all the related documents to the learned Trial Court as well as to the concerned Police Station. He shall be returned his passport on depositing Rs. 1,00,000/- (Rupees One Lac) before the concerned Trial Court with one surety before the concerned trial Court. On depositing such amount, the trial Court shall hand over the passport to the applicant. The learned trial Court shall deposit the amount in FDR in any Nationalized Bank for a period of two years. 1,00,000/- (Rupees One Lac) before the concerned Trial Court with one surety before the concerned trial Court. On depositing such amount, the trial Court shall hand over the passport to the applicant. The learned trial Court shall deposit the amount in FDR in any Nationalized Bank for a period of two years. The applicant shall deposit the passport with the learned trial Court within a period of one week after a period of two years. On returning the passport, the learned trial Court shall release the deposited amount of Rs. 1,00,000/- (Rupees One Lac) to the applicant by Account Payee Cheque along with interest accrued thereon. 9. In view of above, this application is disposed of. Rule is made absolute accordingly. Direct service is permitted.