ORDER : G.R. UDHWANI, J. 1. Rule. Learned APP waives service. 2. This application is for modification of the condition No. 3(e) and (f) of the order dated 08.12.2006 passed in CR. MA No. 13765 of 2006 for the purpose of enabling the petitioner to visit USA and Canada. 3. Learned Counsel for the petitioner submitted that he is required to attend his son at United States of America and daughter at Canada. 4. This application is opposed by the learned APP mainly on the ground that long leave for the period of six months is asked for by the petitioner during the pendency of SCR Appeal No. 5037 of 2014 filed by the petitioner seeking quashment of the criminal case. It was submitted that main petition is filed in the year 2006 and it is likely to be heard in the near future and it may get delayed in absence of the petitioner. 5. This submissions does not find favour with this Court for the simple reason that for arguing the petition already filed presence of the petitioner in person in the High Court would not be necessary. Therefore, it is misconceived to say that in absence of the petitioner hearing would be delayed. 6. On several occasions, the petitioner had been allowed to leave country and has returned in time and no grievance on this count is made by the learned APP. 7. Thus, a case is made out for permitting the petitioner to move beyond the territory of India by suspending the conditions as above-stated until the petitioner's return. The conditions imposed upon the petitioner by an order dated 14.10.2016 passed in CR. MA No. 22729 of 2016 in CR. MA No. 13765 of 2006 shall be condition for this order. The petitioner will disclose his itinerary to the trial Court before leaving India. The trial Court will release the passport in favour of the petitioner for the period of six months i.e. between 01.02.2018 and 30.09.2018. The petitioner immediately on his return would surrender his passport to the trial Court. 8. Rule is made absolute to the aforesaid extent. Direct Service is permitted.