Ashwinbhai Manilal Patel vs State Of Gujarat & on 8 July, 2014

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Gujarat High Court

Ashwinbhai Manilal Patel vs State Of Gujarat & on 8 July, 2014

Bench: S.G.Shah

           R/CR.RA/318/2014                                          ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
              SUBORDINATE COURT) NO. 318 of 2014
===========================================================
             ASHWINBHAI MANILAL PATEL....Applicant(s)
                            Versus
              STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
MR MITESH R AMIN, ADVOCATE for the Applicant(s) No. 1
MR BP MUNSHI, ADVOCATE for the Respondent(s) No. 2
MS JD JHAVERI, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
================================================================
          CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
                       Date : 08/07/2014
                                   ORAL ORDER

[1]    Heard learned counsel for the parties.


[2]    Considering   the   facts   and   circumstances   of   the   present   case,

though so many things can be recollected and recorded, at present, the issue is limited to the point that petitioner is challenging the condition no.1 in the order dated 29.5.2014 by the 6th (Adhoc) Addl. Sessions Judge, Ahmedabad (Rural), Ahmedabad, passed in Criminal Misc. Application no.515 of 2014, whereby, though permission to travel outside India was granted, petitioner is directed to deposit Rs.10,72,000/ (Rupees ten lacs seventy two thousand only).

[3] In compliance of order dated 11.06.2014, petitioner has already deposited Rs.2,00,000/ (Rupees two lacs only). Receipt of such deposit is produced at Exh.46. At present, without entering into merits and demerits of the case, it would be appropriate to modify the order dated 29.5.2014 by the 6th (Adhoc) Addl. Sessions Judge, Ahmedabad (Rural), Ahmedabad, passed in Criminal Misc. Application no.515 of 2014 with Page 1 of 2 R/CR.RA/318/2014 ORDER following conditions: [a] Petitioner is permitted to travel United States of America for two months from the date of actual travel on condition to deposit additional amount of Rs.3,00,000/ (Rupees three lacs only) before the trial Court, within a week.

[b] Thereby, petitioner shall disclose the actual date of travel before the trial Court and shall surrender his passport within seven days after returning back from United States of America.

[c] Petitioner has to disclose his itinerary before the trial Court.

[d] The amount of deposit pursuant to this order shall be invested in fixed deposit so as to earn interest.

[e] When petitioner surrenders the passport back after returning back from United States of America, the amount of deposit with accrued interest shall be paid to him against proper acknowledgment in accordance with the rules. Petitioner may seek such refund immediately after returning from United States of America or on the date of maturing of such F.D.R. [4] With the above observations, present petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.G.SHAH, J.) VATSAL Page 2 of 2

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