Gujarat High Court
Bharatbhai Jayantilal Shah vs State Of Gujarat on 29 April, 2016
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
R/CR.MA/8167/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
8167 of 2016
In
CRIMINAL MISC.APPLICATION NO. 2400 of 2012
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BHARATBHAI JAYANTILAL SHAH....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR VIRAL K SHAH, ADVOCATE for the Applicant(s) No. 1
MR RAKESH PATEL, ADDL. PUBLIC PROSECUTOR for the Respondent
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
Date : 29/04/2016
ORAL ORDER
1. Rule. Mr.Rakesh Patel, learned Additional Public Prosecutor, waives service of notice of Rule for the respondent.
2. This application has been preferred by the applicant with a prayer to suspend and/or modify Condition No.28(f) contained in the Page 1 of 7 HC-NIC Page 1 of 7 Created On Sat Apr 30 03:00:57 IST 2016 R/CR.MA/8167/2016 ORDER order dated 11.05.2012, passed by this Court in Criminal Misc. Application No.2400 of 2012, for a period of six months.
3. The applicant, along with the coaccused persons, had preferred Criminal Misc. Application No.2400 of 2012 for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on apprehension of arrest in connection with the FIR being IC.R. No.41 of 2011, registered with DCB (Crime) Police Station, Ahmedabad, for the offences punishable under Sections 406, 420, 467, 468, 477A and 120B of the Indian Penal Code. By the order dated 11.05.2012, passed in the above mentioned application, anticipatory bail was granted to the applicant, and other coaccused persons, on certain conditions. One of the conditions was Condition No.28(f), which reads as follows:
28(f) not leave India without the permission of the Court and, if they have Passports, shall deposit the same before the Trial Court within two weeks from today;
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R/CR.MA/8167/2016 ORDER
4. Heard Mr.Viral K. Shah, learned advocate for the applicant and Mr.Rakesh Patel, learned Additional Public Prosecutor for the respondentState of Gujarat.
5. It is submitted by the learned advocate for the applicant that the detailed itinerary of the foreign travel of the applicant has been mentioned in Paragraph13 of the application along with the dates of travel and stay and foreign countries proposed to be visited by them, for business purposes.
6. It is submitted that the applicant is a businessman and has to travel frequently out of the country for business purposes, as he is required to visit different countries for the purpose of participation in exhibitions for the growth of their business carried out in India.
The applicant is also required to visit foreign countries to implement and adopt new technologies and inventions in his business so Page 3 of 7 HC-NIC Page 3 of 7 Created On Sat Apr 30 03:00:57 IST 2016 R/CR.MA/8167/2016 ORDER as to stand in the competitive market at the national and international level.
7. It is next submitted that the applicant has always cooperated with the investigation. Earlier, as well, the applicant was permitted to go abroad by this Court and after doing so, he has surrendered his Passport in time and has strictly adhered to the terms and conditions of the order passed by this Court. The applicant is a law abiding citizen and has deep roots in society. He undertakes to abide by any condition that may be imposed by the Court. Hence, the prayer made by the applicant, for suspension of the said condition temporarily, for a period of six months, may be granted.
8. Mr.Rakesh Patel, learned Additional Public Prosecutor, submits that in the event that the Court is inclined to accept the prayer of the applicant, appropriate security may be demanded from him.
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9. Having heard the learned counsel for the respective parties, the following order is passed:
(a) The applicant shall make application before the Competent Court for handing over his Passport on, or before, 04.05.2016. Upon receipt of such application, the Competent Court shall hand over the Passport of the applicant to him. The applicant shall also submit a detailed itinerary of his foreign travel, along with the addresses of the places he intends to visit/stay and the contact numbers at each destination, to the Competent Court. The applicant shall, upon his return to India, resubmit and return his Passport to the Competent Court on, or before, 15.11.2016.
(b) As a security, the applicant shall deposit a sum of Rs.1,00,000 (Rupees One Lakh Only) before the Competent Court, which amount shall be returned to him when he surrenders his Passport on 15.11.2016. Page 5 of 7
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(c) Further, the applicant shall file an undertaking before the Competent Court that if the Passport is handed over to him for the period indicated hereinabove, he shall surrender the same to the concerned Court within the period of time stipulated by this Court.
(d) Condition No.28(f) contained in the order dated 11.05.2012, passed in Criminal Misc. Application No.2400 of 2012, shall remain temporarily suspended till 15.11.2016.
10. It is made clear that if the applicant commits any breach of the above conditions, it may result in an adverse order being passed.
11. The application is allowed to the above extent. Rule is made absolute, accordingly.
12. In addition to the normal mode of service, Page 6 of 7 HC-NIC Page 6 of 7 Created On Sat Apr 30 03:00:57 IST 2016 R/CR.MA/8167/2016 ORDER Direct Service is also permitted.
(SMT. ABHILASHA KUMARI, J.) sunil Page 7 of 7 HC-NIC Page 7 of 7 Created On Sat Apr 30 03:00:57 IST 2016