Kadarbhai Jusabbhai Meman vs State Of Gujarat on 26 September, 2014

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Gujarat High Court

Kadarbhai Jusabbhai Meman vs State Of Gujarat on 26 September, 2014

Bench: R.D.Kothari

         R/CR.MA/12658/2014                                      ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
                                12658 of 2014

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               KADARBHAI JUSABBHAI MEMAN....Applicant(s)
                              Versus
                  STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MS TEJAL A VASHI, ADVOCATE for the Applicant(s) No. 1
MR KP RAVAL, APP for the Respondent(s) No. 1
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          CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI

                              Date : 26/09/2014


                                ORAL ORDER

1. The applicant prays for release of passport which came to be deposited by the applicant pursuant to the order passed by 3 rd Additional Sessions Judge, Rajkot in Criminal Misc. Application No.702 of 2012.

2. Heard the learned advocate for the applicant.

3. It appears that applicant is facing trial for the offence under Sections 498A, 323, 504, 411 of IPC. Learned advocate submits that present applicant is accused No.8 in the criminal complaint filed by the wife. It was also pointed out that present applicant has preferred the quashing petition wherein the stay has been granted by this Court and the said petition is pending.

4. Rule. Learned APP Mr.K.P.Raval waives service of Rule Page 1 of 2 R/CR.MA/12658/2014 ORDER on behalf of State - respondent.

5. Applicant submits that he is engaged in importexport business and for the said purpose, he is required to travel abroad. In support of this, the applicant has produced relevant document at Annexure 'B'. Applicant has filed undertaking dated 27.08.2014, making declaration on oath that whenever he is required to go abroad, he would furnish full schedule with detail about the place to which he intends to travel in advance to concerned Police Station i.e. Rajkot Mahila Police Station.

6. Considering the material on record including the order passed by this Court Annexure 'G', present application is allowed. Trial Court is ordered to release the applicant's passport and hand over to the applicant. Upon hearing the learned advocate for the parties, it is further directed that if the applicant is required to stay abroad for more than six months at a stretch, he would require to seek prior permission of the Court.

7. With above observations and directions, present application is disposed of. Rule is made absolute.

Direct service is permitted.

(R.D.KOTHARI, J.) Amar Page 2 of 2

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