ORDER : V.P. Patel, J. 1. Rule. Learned APP waives service of notice of rule on behalf of respondent-State. 2. This application is filed by the applicant to pass appropriate order for releasing of passport and permitting him to visit abroad. 3. The applicant has claimed reliefs as under: "12(A) This Hon'ble Court may be pleased to admit and allow this application and thereby, grant permission to the applicant to travel USA for a period of nine months with a condition that he shall remain present in the Court proceedings as and when necessary" 4. Heard learned advocate Mr. Maharshi Patel for Mr. H.L. Patel Advocates for the appellant and learned APP Mr. Rashesh Rindani for the respondent-State. Brief facts: 5. The complaint was lodged against the accused persons bearing CR. No. I- 49 of 2002 registered with Vasad Police Station for the commission of the offence punishable under Sections 147, 148, 149, 436, 332, 337, 153(3), 454, 457 and 380 of the Indian Penal Code. The applicant herein along with the other accused persons is the original accused in Sessions Case No. 8 of 2006 and they came to be acquitted vide judgment and order dated 23.09.2010 passed by the learned Additional Sessions Judge and Second Additional District Judge, Anand. Being aggrieved by the judgment and order of the acquittal, State of Gujarat has preferred the appeal against the respondents under Section 378(1) (3) of the Code of Criminal Procedure, 1973 being Criminal Appeal No. 66 of 2011. The same is admitted by this Hon'ble High Court vide order dated 15/06/2011 (Coram: Hon'ble Mr. Justice Ravi r. Tripathi and Hon'ble Mr. Justice P.P. Bhatt) and pending for final hearing. Submission of the parties: 6. Mr. Maharshi Patel learned advocate appearing for the applicant has submitted that the applicant has no criminal antecedents, that, he is law abiding citizen and he is not the main accused and the trial is already completed against him, wherein he is acquitted by the court after considering the evidence on record. It is further submitted that the applicant is reputed person in the society and has so many immovable properties located in the revenue limits of Vasad and is having a well developed business in the territory of Indian. It is further submitted that the applicant is reputed person in the society and has so many immovable properties located in the revenue limits of Vasad and is having a well developed business in the territory of Indian. And applicant has a business of manufacturing Tuver Dal in the name of Laxmi Proteins Products Pvt. Ltd. since many years and he regularly pays the income-tax. It is further submitted that applicant is required to go to USA for the purpose of renewal of his green card. Therefore, the applicant requires permission of this Hon'ble Court to travel abroad for renewal of the green card. If the applicant is not permitted to travel to USA, the applicant will lose the golden opportunity and his future will be in dark. The learned advocate for the applicant has submitted that at present the passport is with applicant and if permission is granted then he can travel abroad on 06/10/2019 as stated in the undertaking. 6.1. The present applicant has filed undertaking dated 01/10/2019 on oath inter alia stating that he intend to travel to U.S.A. On 06/10/2019 after obtaining necessary permission from the Hon'ble Court and will be back in India on 31/12./2019 will not delay the appeal proceedings, if taken up for final hearing. That, he will reside in USA at the following address: "Prajesh Patel, 244 Haney Road, Woodstock-30188 G.A., USA and his telephone number in USA will be +16758203564". and further he will ready and willing to deposit an amount of Rs. 1,00,000/- before the registry of this Hon'ble Court as a security deposit and if the order of this Hon'ble Court are not complied the said deposit may be forfeited and the same shall be transferred to the State Government and he acknowledge the same. 7. Learned APP for the respondent State of Gujarat has submitted that taking into consideration the nature of offence and the apprehension on part of the prosecuting agency as regards the presence of the Applicant at the time of hearing of the Appeal, stringent conditions may be imposed so that the presence of the Applicant/accused can be secured. Merits of the Case: 8. The present applicant-accused is acquitted for the offence punishable under Sections 147, 148, 149, 436, 332, 337, 153(3) 454, 457 and 380 of Indian Penal Code. Merits of the Case: 8. The present applicant-accused is acquitted for the offence punishable under Sections 147, 148, 149, 436, 332, 337, 153(3) 454, 457 and 380 of Indian Penal Code. At the time of acquittal, the Court will direct him be set at liberty under Section 354(d) of the Cr.P.C. At the same time, or before the conclusion of the trial, the trial Court acquitting the accused shall require the accused to execute bail bond with surety to appear before the higher Court under Section 437(A) of the Cr.P.C.. This is the provision as to how the acquitted accused should be treated during the period between date of his acquittal and presentation of acquittal appeal. In this case, as per the acquittal order the applicant accused was directed to furnish bail bond with surety under Section 437(A) of the Criminal Procedure Code (for short the 'Cr.P.C.'). And he had furnished the bail bond with surety as per the direction of the Sessions Court. 9. The State Government herein Opponent No. 1 has preferred the Appeal under Section 378 of the Cr.P.C. and this Court has admitted the said appeal vide Criminal Appeal No. 66 of 2011. The said appeal is pending before this Court. 10. When an appeal is presented under section 378, to secure presence of the accused, the High Court is empower to issue a warrant under Section 390 of the Cr.P.C. directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. Pendency of appeal before the High Court can be said to a proceedings in respect of offence alleged to have been committed by the accused is pending before a Criminal Court in India. If he is admitted to bail the conditions may be imposed to secure the presence of the accused. 11. The learned advocate for the Applicant has produced copy of order in CR. MA filed by him for the permission granted by this Court for visiting abroad/releasing of passport. The details of the said applications are as under: Sr. Case No. Date Remarks 1. CRMA No. 9802 of 2014 in Cr. Appeal No. 66 of 2011 02/07/14 Permission is granted for visiting abroad. 2. MA filed by him for the permission granted by this Court for visiting abroad/releasing of passport. The details of the said applications are as under: Sr. Case No. Date Remarks 1. CRMA No. 9802 of 2014 in Cr. Appeal No. 66 of 2011 02/07/14 Permission is granted for visiting abroad. 2. CR.MA No. 11387 of 2015 in CR.A No. 66 of 2016 01/07/2015 Permission is granted for visiting abroad. 3. CR.MA No. 13560 of 2015 in CR.A No. 66 of 2016 16.06.2016 Permission is granted for visiting abroad. 12. Permission to visit was granted to the Applicant by Court for several time. The applicant has returned back and reported to the concerned Court. As this Court has granted permission for releasing of passport and permitted to visit abroad. At present, there is no need to deviate from the earlier order passed by this Court. 13. The learned advocate has submitted that the applicant possesses movable and immovable property in the State. Considering the pendency of acquittal appeals before the High Court the appeal against the applicant-accused is not likely to be heard in near future. 14. Considering the facts and circumstances of the case, the present Application deserves to be allowed and passport is ordered to be released. (A) The Applicant is permitted to visit abroad for a period of three month from the date of release of passport on following conditions. (i) The Applicant is directed to deposit an amount of Rs. 1,00,000/- with this Court. The applicant will be entitled to withdraw the said amount on his return from abroad. If he fails to report to the Trial Court on the 7th month of the release of his Passport, the Amount of Rs. (i) The Applicant is directed to deposit an amount of Rs. 1,00,000/- with this Court. The applicant will be entitled to withdraw the said amount on his return from abroad. If he fails to report to the Trial Court on the 7th month of the release of his Passport, the Amount of Rs. 1,00,000/- will be forfeited to the Government; (ii) The Applicant shall furnish his itinerary along with full details of address and contact number, during his stay in abroad, before the concerned trial court and this Court and he shall also intimate the same to the Office of the Embassy of India situated in the Country where he is going to visit; (iii) The Applicant shall furnish the list of his immovable properties, whether it is self-acquired or ancestral with description, location and value of such property on an affidavit before the trial Court; (iv) The Applicant shall give an undertaking that he will come back to India and present before this Court, if his presence is required during the permitted period; (v) The Applicant shall surrender his passport before the trial court on his return from abroad. It is made clear that the applicant will not stay permanently at abroad. 15. With the aforesaid observation and direction, this Application stands disposed of. Rule is made absolute to aforesaid extent. Direct service is permitted. No order as to costs.