Gujarat High Court
Bandi Abdul Gafur Ahmedbhai vs State Of Gujarat on 2 December, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/31141/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF
ORDERS) NO. 31141 of 2016
In
CRIMINAL MISC.APPLICATION NO.13803 of 2013
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BANDI ABDUL GAFUR AHMEDBHAI....Applicant
Versus
STATE OF GUJARAT....Respondent
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Appearance :
M S BHADKI, ADVOCATE for the Applicant.
MS JIRGA JHAVERI, APP for the Respondent.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 02/12/2016
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State.
2. This application is filed with a prayer to delete the condition Nos.6(c) & (d) imposed on the applicant while granting bail to the applicant vide order dated 30.8.2013 passed in Criminal Misc. Application No.13803 of 2013. Condition No.6(c) & (d) reads as under :-
"6(c) surrender his passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;"
3. In the present application, it is averred that applicant has been offered the job as Tour Assistant in Al-Khalid Tour and Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Dec 03 00:36:37 IST 2016 R/CR.MA/31141/2016 ORDER Travel Company and the said Company has proposed to travel abroad to Saudi Arabia in nearest future. Hence, he may be returned his Passport and he may be permitted to visit Saudi Arabia.
4. Learned advocate for the applicant has also pointed out the letter dated 17.11.2016 written by the Partner of the said travel Company.
5. I have gone through the documents produced along with the application. In view of the facts and circumstances of the present case, the present application is allowed. Condition Nos.6(c) & (d) imposed on the applicant while granting bail to the applicant vide order dated 30.8.2013 passed in Criminal Misc. Application No.13803 of 2013 are hereby suspended for a period of one year from today. The applicant shall be handed over his passport so that he can travel abroad. However, the applicant is directed to give itinerary of his travel abroad along with the date of returning, and his place of stay in the foreign country.
6. Upon returning back to India, he shall surrender his Passport before the concerned Court within a period of one week.
7. The applicant shall also file an undertaking that he will not travel anywhere else except the tour programme that may be disclosed by him, and that he will surrender the passport within seven days after returning back from such journey.
8. In addition to the above conditions, the applicant shall deposit an amount of Rs.50,000/- (Fifty Thousand only) before the learned trial Court by way of security. The learned Trial Court Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Dec 03 00:36:37 IST 2016 R/CR.MA/31141/2016 ORDER is directed to invest the said amount in any Nationalized Bank in FDR for a period of one year. As and when the applicant surrenders his passport before the concerned court after his return, the said amount be returned to the applicant along with the interest accrued thereon. In case of default, the said amount be forfeited.
9. This order is passed considering the special circumstances prevailing in the present case. Rule is made absolute to the above extent. Direct service is permitted.
(A.J.DESAI, J.) Savariya Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Dec 03 00:36:37 IST 2016