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2017 DIGILAW 1187 (GUJ)

Sonaben W/o Alkeshbhai Patel v. State of Gujarat

2017-07-03

A.Y.KOGJE

body2017
ORDER : A.Y. KOGJE, J. 1. This application is for modification/deletion of condition no. 5 imposed by order dated 04.04.2014 by the Additional City Sessions Court No. 15, while passing order of anticipatory bail in favour of the applicants in Criminal Misc. Application No. 1109 of 2014. 2. The learned advocate for the applicants submits that the applicants, pursuant to the directions contained in the order of anticipatory bail, have complied with each and every conditions including depositing of Passport under condition no. 5. He submits that both the husband and wife, who are the petitioners before the court, are in the business of import and export and are required to frequently travel out of India. The learned advocate for the applicants took this Court through the copies of Passport and other traveling documents, which indicates frequent travel by the applicants out of India. He submits that on each occasion the applicants have sought permission by this Court to travel abroad and have reported in time and have complied with each and every condition. 3. The learned advocate for the applicants submits that since the offence is now very old and that the business of the applicants requires frequent traveling, therefore, the condition of deposit of Passport is causing great inconvenience in securing the Visas of the destination countries. He submits that in any case one of the condition that the applicants are refrained from traveling out of India without permission of the trial court is sufficient to secure the presence of the applicants during the course of trial. 4. The learned APP opposes the modification application submitting that since the offence is old, trial would be in the crucial stage and therefore, to make the applicants available for the trial such conditions are necessary. 5. Having considered the rival submissions of the parties and having gone through the documents annexed along with the application including the order passed by the Sessions Court by which the applicants have handed over the Passport initially for a period of two years and thereafter the orders passed from time to time to extend the custody of the Passport with the applicants. 6. In view of aforesaid, the condition no. 5 of order dated 04.04.2014 passed by the Additional City Sessions Court No. 15 in Criminal Misc. Application No. 1109 of 2014 stands deleted. 6. In view of aforesaid, the condition no. 5 of order dated 04.04.2014 passed by the Additional City Sessions Court No. 15 in Criminal Misc. Application No. 1109 of 2014 stands deleted. However, the rest of the conditions of the aforesaid order shall continue to operate. 7. Direct service is permitted.