Gujarat High Court
Rameshbhai Bhagwandas Hemlani vs State Of Gujarat on 8 March, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/1676/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 1676 of 2018
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RAMESHBHAI BHAGWANDAS HEMLANI
Versus
STATE OF GUJARAT
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Appearance:
MR MIG MANSURI for the PETITIONER(s) No. 1,2,3
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/03/2018
ORAL ORDER
1. By this application under Article 227 of the Constitution of India, the applicants - original accused persons have prayed for the following reliefs: 8(A) Admit and allow this petition.
(B) Set aside and/or modify the condition no.1 & 5 that the petitioners have to deposit their passports and that the petitioners shall not leave India without the prior permission of the trial court till the trial is over imposed upon the petitioners while granting bail to them in view of the bail order dated 28.5.2013 passed in Cri. Misc. Appli. No.572/13 at Annex.B to this petition ]Partly modified by order at Annex.C] and recall that part of the said bail order and/or alternatively some orders/ directions may be issued to the ld. Trial Court pending the trial against the petitioners that they may be handed over their passports with a permission to leave India;
(C) Order that pending the trial against the petitioners in respect of Criminal Case No.9231/14 in the Court of ld. 11th JMFC, Ahmedabad [Rural], they may be allowed to visit the foreign countries with their passports considering the peculiar facts and circumstances of the present case by way of setting aside and/or modifying the condition no.1 & 5 imposed upon the petitioners while granting anticipatory bail to them in view of the bail order dated 28.5.2013 passed in Cri. Misc. Appli. No.572/13 at Annex.B to this petition [party modified by order Page 1 of 4 R/SCR.A/1676/2018 ORDER at Annex.C] and recall that part of the said bail order and/or atlernatively some orders/directions may be issued to the ld. Trial Court pending the trial against the petitioners that they may be handed over their passports with a permission to leave India;
(D) Order that pending the admission, hearing and final disposal of this petition & pending the trial against the petitioners in respect of Criminal Case No.9231/14 in the court of ld. 11 th JMFC, Ahmedabad [Rural], they may be allowed to visit the foreign countries with their passports considering the peculiar facts and circumstances of the present case by way of setting aside and/or modifying the condition no.1 & 5 imposed upon the petitioners while granting anticipatory bail to them in view of the bail order dated 28.5.2013 passed in Cri. Misc. Appli. No.572/13 at Annex.B to this petition [partly modified by order at Annex.C] and recall that part of the said bail order and/or alternatively some orders/directions may be issued to the ld. Trial Court pending the trial against the petitioners that they may be handed over their passports with a permission to leave India; and (E) pass such order/s thought fit in the interest of justice.
2. It appears from the materials on record that the applicants herein are facing prosecution for the offence punishable under Sections406, 420, 506(2), 294(b) read with Section114 of the Indian Penal Code. The Criminal Case No.9231 of 2014 is pending as on date in the Court of the learned 11th Judicial Magistrate First Class, Ahmedabad [Rural]. The deposition of the original first informant is over.
3. This is an application with a prayer to delete the two conditions, which were imposed at the time, when the three applicants were ordered to be released on bail by the court below. One of the conditions imposed by the court below in the bail order is that the applicants shall surrender their passport before the concerned trial Court and another condition is that the applicants shall not leave country without the prior permission of the trial Court. It appears that the applicants are in the business of Modeling Photo Shoot. They are carrying on business in the name and style of the R.K. Color Lab. It is pointed out in this application Page 2 of 4 R/SCR.A/1676/2018 ORDER that they need to travel outside the India for the purpose of their business. It is further pointed out that the daughter of the applicants nos.1 and 2 and the sister of the applicant no.3 is married and is residing at Khutnu, Benin, East Africa. It is further pointed out that even during the pendency of the trial, with the permission of the trial Court, they visited different countries for the purpose of their business. In such circumstances referred to above, it is prayed that the two conditions be deleted as it is causing lot of difficulties in the business of the applicants.
4. The learned APP appearing for the State was requested to take instructions in the matter. It appears that the trial is in progress. The first informant's evidence is over.
5. Considering the fact that the prosecution is of the year 2014 and the evidence of the complainant is also over, the two conditions imposed by the court below can be now deleted.
In such circumstances referred to above, this application is allowed. The two conditions referred to above are ordered to be deleted. The trial Court is directed to hand over the passport to the applicants. However, as the trial is still in progress, before leaving the country, the three applicants shall atleast inform the trial Court about the tour of any foreign country with proper itinerary. This intimation shall also be given to the Investigating Officer of the concerned police station. For the smooth and effective disposal of the trial, the presence of the applicants would be necessary and therefore, the applicants shall see to it that their presence in that country, may not be delay the trial. In such circumstances, the trial court is also directed to see that the trial is completed at the earliest.
Page 3 of 4R/SCR.A/1676/2018 ORDER
6. With the above, this application is disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 4 of 4