Gujarat High Court
Gulnar Shabbir Kapadia vs State Of Gujarat on 27 January, 2017
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.MA/66/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 66 of 2017
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GULNAR SHABBIR KAPADIA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
PARIMALSINH PARMAR, ADVOCATE for the Applicant(s) No. 1
MS RITA CHANDARANA APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 27/01/2017
ORAL ORDER
1. The applicant has preferred present application and has prayed for following substantive reliefs:
"(B) YOUR LORDSHIPS may be pleased to permit the Petitioner to leave the territory of India so as to enable her to be a part of captioned tour for a period of 16 (sixteen) days from 01.02.17 to 16.02.17 as well as to direct Hon'ble the Sessions Court, Panchmahals, at Godhra to forthwith temporarily release the passport of the Petitioner which is lying with it, being Passport No.M5464096, as early as possible, latest by 15.01.17, on any suitable terms and conditions, as deemed just and proper by the Hon'ble Court, in the interest of justice.Page 1 of 4
HC-NIC Page 1 of 4 Created On Sat Jan 28 02:10:05 IST 2017 R/CR.MA/66/2017 ORDER (C) YOUR LORDSHIPS may be pleased to grant time till 25.02.17 for depositing the passport before the Sessions Court, Panchmahals, at Godhra."
2. It appears that an FIR bearing registration C.R. No.II - 129 of 2011 is registered with Godhra "B" Division Police Station, for the offences punishable under Sections 498-A, 323, 506(2), and 114 of the Indian Penal Code read with Sections 3 and 5 of the Dowry Prohibition Act, 1961, against the applicant and others. The applicant preferred an application under Section 438 of the Code of Criminal Procedure, 1973, for being released him on anticipatory bail. Said application was allowed by the Sessions Court, Panchmahals at Godhra. While releasing the applicant on anticipatory bail, the condition being condition No.2(f) is imposed, whereby she is directed to surrender her passport with the trial Court. Pursuant to the said order, the applicant had surrendered her passport before the trial Court and the same is lying with the trial Court.
3. Learned advocate Mr. Parimalsinh Parmar for the applicant submits that the applicant and other family members intent to go on tour of Europe for 16 days from 1.2.2017 to 16.2.2017 and for the said purpose, the applicant requires her passport, which is lying in the custody of the trial Court. In support of the application, Air ticket is produced at Annexure D. He further submits that in past, the trial Court had released the passport of the applicant to enable her to travel abroad upon certain conditions for more than one occasion. The applicant had surrendered passport upon her return from abroad. He, therefore, urges that the present application would be allowed and the passport may be released for a period Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Jan 28 02:10:05 IST 2017 R/CR.MA/66/2017 ORDER mentioned in the present application.
4. Learned APP Ms. Rita Chandaran for the respondent - State submits that the trial Court has not entertained the application for release of the passport by order dated 22.12.2016 passed in Criminal Misc. Application No.1202 of 2016. She submits that considering the facts of the case, appropriate order will be passed.
5. It appears that the applicant and other are accused in the Sessions Case for the offence punishable under Sections 498- A, 323, 506(2), and 114 of the Indian Penal Code read with Sections 3 and 5 of the Dowry Prohibition Act. It appears from the documents and orders produced in support of the present application that the passport was released by the trial Court as also by this Court on certain conditions including the condition of depositing certain amount. It further appears that a sum of Rs.1 Lakh is still lying, which the applicant has deposited in the trial Court on earlier two occasions. Her passport is still lying with the trial Court. It appears from itinerary-cum-Air Ticket at Annexure D that the applicant and other family members intend to go Europe tour between 1.2.2017 to 16.2.2017. Considering past conduct of the applicant of re-surrendering her passport, I am of the opinion that the passport of the applicant, which is in the custody of the trial Court, is required to be released to enable the applicant to go on foreign tour.
6. For the foregoing reasons, the application is allowed. Condition No.2(f) imposed by the leaned Fourth Additional District Judge, Panchmhals at Godhra, vide order dated 21.9.2011 passed in Criminal Misc. Application No.768 of 2011 is hereby put in abeyance for the period from 30.1.2017 to Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Jan 28 02:10:05 IST 2017 R/CR.MA/66/2017 ORDER 20.2.2017 and the applicant is permitted to leave India for the aforesaid period. Learned trial Judge / Court is permitted to release the passport of the applicant being Passport No. M5464096 for a period from 30.1.2017 to 20.2.2017. The applicant is directed to surrender her passport immediately on her return to India, latest by 20.2.2017.
Rule is made absolute to the aforesaid extent. Direct service today is permitted.
(A.G.URAIZEE,J) YNVYAS Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Jan 28 02:10:05 IST 2017