Gujarat High Court
Afroz Mohmed Hasanfatta vs State Of Gujarat & on 15 July, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/15407/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
15407 of 2016
In CRIMINAL MISC.APPLICATION NO. 20824 of 2015
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AFROZ MOHMED HASANFATTA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR CHETAN K PANDYA, ADVOCATE for the Applicant(s) No. 1
MR DEVANG VYAS, ASSTT. SOLICITOR GENERAL OF INDIA, for the
Respondent(s) No. 2
MR RAKESH R.PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/07/2016
ORAL ORDER
This is an application at the instance of an accused of the P.M.L.A. Case Complaint No.3 of 2014 pending in the Court of the learned Special Judge at Ahmedabad (Rural) with the following prayers :
"(a) To suspend condition No.6(d) of the order dated 03/11/2015 passed by this Hon'ble Court in Criminal Miscellaneous Application No.20824 of 2015 for a period of twelve months so far as applicant's son Abrar Afroz Hasanfatta and further direct the Hon'ble Designated Special Court under PMLA at Ahmedabad to return his passport for a period of twelve months.
(b) Pending admission, hearing and final disposal of this Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Jul 20 01:37:03 IST 2016 R/CR.MA/15407/2016 ORDER application, to suspend condition No.6(d) of the order dated 03/11/2015 passed by this Hon'ble Court in Criminal Miscellaneous Application No.20824 of 2015 for a period of twelve months so far as applicant's son Abrar Afroz Hasanfatta and further direct the Hon'ble Designated Special Court under PMLA at Ahmedabad to return his passport for a period of twelve months.
(c) To pass any other and further orders as may be deemed fit and proper by this Hon'ble Court."
It appears that the applicant herein has a son aged about 17 years, viz. Abrar Afroz Hasanfatta. It appears that the applicant herein had prayed for temporary bail before the Special Judge by filing Criminal Misc. Application No.1886 of 2015. The temporary bail was prayed on the ground that his wife was suffering from gynecological problems and was advised to undergo surgery. The Designated Special Judge, while allowing the application in part, passed the following order :
"The application is partly allowed. The applicant be released on temporary bail for a period of 5 days starting from 28th October 2015 on executing a bond of Rs.1,00,000 [Rupees One Lac only] with two local sureties of Rs.50,000/- each with police escort to be provided by the Police Authority at the cost of the applicant subject to the condition that he shall :
- Not take undue advantage of liberty and misuse liberty;
- Not act in a manner injurious to the interest of the prosecution;
- Shall deposit passport of his wife and children, if any before this Court.
- Shall not hamper or tamper with the prosecution evidence and/or any witness of prosecution.
- The applicant shall surrender himself before the Jail Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Jul 20 01:37:03 IST 2016 R/CR.MA/15407/2016 ORDER Authority on or before 11.00 hours in the morning on 2nd November 2015.
If the applicant is found to have breached any of the conditions, his temporary bail shall stand automatically cancelled."
Thus, it appears that one of the conditions imposed in the said order was that the applicant herein shall deposit the passport of his wife and children before the Court. That is how the passport of his son, viz. Abrar, was also surrendered. While extending the bail granted by the Designated Special Judge, this Court, vide order dated 3rd November 2014, also imposed the very same condition, i.e. of depositing the passport of his wife and children. As on date, the passport of the children and the wife of the applicant is in the custody of the trial Court. The eldest son, viz. Abrar, wants to go to Singapore for studies. He wants to study at the Management Development Institute of Singapore Pte. Ltd. He is in talks with the Institute. I am informed that he has been asked to remain present on 21st July 2016 by the Institute authorities along with the necessary documents. On that day, he would be signing a contract. A copy of which has been shown to me as well as to the learned Assistant Solicitor General of India appearing for the Union, today.
Taking into consideration the fact that the son is aged about 17 years and would like to pursue higher studies at Singapore, I am of the view that he should be permitted to go abroad and pursue his higher studies.
In such circumstances, the trial Court shall handover the passport of Abrar Afroz Hasanfatta at the earliest. The Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Jul 20 01:37:03 IST 2016 R/CR.MA/15407/2016 ORDER applicant shall inform about the same to the Enforcement Directorate, Ahmedabad.
It is clarified that in the event, if the son is not able to secure admission at Singapore and returns to India, then he shall once again surrender his passport with the trial Court. The passport shall be handed over on executing a solvent surety of Rs.2 lac to the satisfaction of the trial Court.
With the above, this application is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Jul 20 01:37:03 IST 2016