Gujarat High Court
Abubakar Gulam Mohmmed Bichara vs State Of Gujarat & on 27 February, 2015
Author: N.V.Anjaria
Bench: N.V.Anjaria
R/CR.MA/2355/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 2355 of 2015
In CRIMINAL APPEAL NO. 1220 of 2007
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ABUBAKAR GULAM MOHMMED BICHARA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR HRIDAY BUCH, ADVOCATE for the Applicant(s) No. 1
MR. JANAK RAVAL, AGP for the Respondent(s) No. 1
MR. DEVANG VYAS for the Respondent(s) No.2.
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 27/02/2015
ORAL ORDER
RULE. Learned advocate Mr. Janak Raval waives service of Rule on behalf of respondent No.1 and learned advocate Mr. Devang Vyas waives service of Rule on behalf of respondent No.1.
1.1 In the facts and circumstances of the case and looking to the subject matter of the case and upon request and consent of learned advocates appearing for the parties, the application is taken for final consideration making Rule returnable forthwith.
2. By this application, the applicant has prayed for a direction to the Passport authority, respondent No.2, to Page 1 of 4 R/CR.MA/2355/2015 ORDER process the application and issue passport.
3. Stating the basic facts, the appellant has been convicted for the offences under section 323 of IPC read with section 114 of IPC as well as for the offences punishable under section 504 and 114 of IPC and is sentenced to undergo three months simple imprisonment. His Criminal Appeal No. 1220 of 2007 is admitted and is pending. The sentence awarded to the applicant is short sentence and the same is suspended by this court by order dated 11.10.2007 passed upon application Criminal Misc. Application No. 11521 of 2007 filed under section 389 of the Code of Criminal Procedure, 1973. By virtue of the said order, the applicant is on bail on the conditions imposed.
3.1 It is the case of the applicant in this application that he is desirous to go on a pilgrimage of Haj to Saudi Arabia and therefore needs a passport. In view of the circular dated 21.08.2014 issued by the Ministry of External Affairs and in view of the requirements of the GSR 570 (E) issued by the authority concerned, the applicant has approached this court with the prayer for issuance of passport.
4. Heard learned advocate Mr. Hriday Buch for the applicant and learned Assistant Government Pleader Mr. Janak Raval for respondent No.1.
5. The applicant intends to go on a Haj and for that, he is required to go to Saudi Arabia. On 19.02.2015 this court passed order permitting the applicant to make application before respondent No.2 authority for passport. Learned Page 2 of 4 R/CR.MA/2355/2015 ORDER advocate for the applicant stated that an application for passport is already made. An on-line application receipt produced, which is taken on record, mentions application reference No. (ARN)-15-000-2441848 is placed on record.
5.1 The applicant has a legitimate cause to seek obtain passport as he wants to go to Saudi Arabia for the purpose of Haj pilgrimage. He has no criminal antecedents. In the facts and circumstances, the application could be granted.
6. Accordingly, it is directed that the respondent No.2 passport authority shall process the aforesaid application made by the applicant and consider the same for issuance of passport in accordance with rules and regulations. On the applicant's fulfilling necessary requirements, the passport may be issued.
7. In the event, the passport is issued to the applicant, the applicant shall comply with the following conditions.
(i) The applicant shall intimate in writing the competent police officer at Mangroal Police Station, District Junagadh about hnis schedule of going to pilgrimage to Saudi Arabia together with the details of date of departure of the date and return to this country and other necessary details including the details of stay there and contact number.
(ii) On return from the pilgrimage, the applicant shall deposit the passport which may have been issued to him before the court concerned immediately.Page 3 of 4
R/CR.MA/2355/2015 ORDER
8. The conditions of bail granted as per order dated 11.10.2007 in Criminal Misc. Application No. 11421 of 2007 shall stand modified to the extent of permission and direction in this order.
9. The present application is allowed in the terms aforesaid. Rule is made absolute accordingly.
10. Learned advocate Mr. Devang Vyas for respondent No.2 to communicate this order to the respondent No.2 passport authority.
Direct service is permitted.
(N.V.ANJARIA, J.) cmjoshi Page 4 of 4