Gujarat High Court
Afroz Mohmed Hasanfatta vs State Of Gujarat & on 6 May, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/7961/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
7961 of 2016
In CRIMINAL MISC.APPLICATION NO. 20824 of 2015
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AFROZ MOHMED HASANFATTA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR CHETAN K PANDYA, ADVOCATE for the Applicant(s) No. 1
MR DEVANG VYAS, ADVOCATE for the Respondent(s) No. 2
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 06/05/2016
ORAL ORDER
By this application, the applicant has prayed for the following reliefs :
"(a) To suspend condition No.6 (d) of the order dated 03/11/2015 passed by this Hon'ble Court in Criminal Miscellaneous Application No.20824 of 2015 for a period of two months so far as applicant's son Abrar Afroz Hassanfatta and further direct the Hon'ble Designated Special Court under PMLA at Ahmedabad to return his passport for a period of two months.
(b) Pending admission, hearing and final disposal of this application, to suspend condition No.6 (d) of the order dated 03/11/2015 passed by this Hon'ble Court in Criminal Miscellaneous Application No.20824 of 2015 for a period of two months so far as applicant's son Abrar Afroz Hassanfatta and further direct the Hon'ble Designated Special Court under PMLA at Ahmedabad to return his passport for a period of two Page 1 of 4 HC-NIC Page 1 of 4 Created On Sun May 08 03:30:10 IST 2016 R/CR.MA/7961/2016 ORDER months.
(c) To pass any other and further orders as may be deemed fit and proper by this Hon'ble Court."
While ordering release of the applicant on temporary bail, by order dated 3rd November 2015 in Criminal Misc. Application No.20824 of 2015, the following conditions were imposed :
"[a] The applicant shall be released on temporary bail for a period of two weeks from the date of his actual release on executing a bond of Rs.1,00,000 [Rupees One Lac Only] with two local sureties of Rs.50,000/- each with police escort to be provided by the Police Authority at the cost of the applicant subject to the condition that he shall:
[b] Not take undue advantages of liberty and misuse liberty;
[c] Not act in a manner injuries to the interest of the prosecution;
[d] Shall deposit passport of his wife and children, if any, before this Court.
[e] Shall not hamper or tamper with the prosecution evidence and / or any witness of prosecution.
[f] The applicant shall surrender himself before the Jail Authority on expiry of temporary bail, without fail.
[g] If the applicant is found to have breached any of the conditions, his temporary bail shall stands automatically cancelled."
Pursuant to the condition no.(d) imposed by this Court, the passports of the applicant's wife and children were handed over to the trial Court. As on date, the passports are in the custody of the trial Court. It is pointed out that the son of the applicant has just cleared his Standard-XII and is desirous of pursuing higher studies at Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun May 08 03:30:10 IST 2016 R/CR.MA/7961/2016 ORDER Singapore.
In such circumstances, the applicant, as a father, prays that the passport of his son may be released for a period of two months.
I have heard Mr.Chetan Pandya, the learned counsel for the applicant, Mr.Kshitij Amin, the learned counsel for the respondent no.2 and Mr.J.K.Shah, the learned APP for the State respondent.
In the facts and circumstances of the case, I am of the view that the passport of the son of the applicant may be handed over so that he can visit Singapore for the purpose of his education.
Mr.Pandya pointed out that the son may even visit Dubai for some time.
Let the passport of the applicant's son Abrar Afroz Hasanfatta be handed over to the applicant on the following conditions :
(1) The applicant shall furnish complete itinerary of the tour to the trial Court as well as to the respondent no.2 well in advance before leaving the country.
(2) The applicant shall also furnish a solvent surety of the amount of Rs.2 lac to the satisfaction of the trial Court.
(3) The son of the applicant shall return to India within the stipulated period, i.e. two months, and shall deposit the passport once again with the trial Court.
With the above, this application is disposed of. Direct service is Page 3 of 4 HC-NIC Page 3 of 4 Created On Sun May 08 03:30:10 IST 2016 R/CR.MA/7961/2016 ORDER permitted.
(J.B.PARDIWALA, J.) MOIN Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun May 08 03:30:10 IST 2016