Gujarat High Court
Nanubhai Muljibhai Panchal vs State Of Gujarat & on 23 February, 2017
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.MA/5461/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TIME) NO. 5461 of
2017
In
CRIMINAL MISC.APPLICATION NO. 32568 of 2016
In
CRIMINAL REVISION APPLICATION NO. 261 of 2013
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NANUBHAI MULJIBHAI PANCHAL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MRS YOGINI V PARIKH, ADVOCATE for the Applicant(s) No. 1
MR NJ SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 23/02/2017
ORAL ORDER
1. Rule. Mr. N.J. Shah, learned APP waives service of notice of rule for respondent No.1 State and Mr. Kshitij Amin, learned standing counsel waives service of rule for respondent No.2Union of India.
2. The applicant has preferred the present application for extension of time granted by the learned Additional Sessions Judge, City Civil & Sessions Court, Court No.23, Ahmedabad City in Criminal Misc. Application No.5444 of 2016 to surrender his passport which is expiring on 26.02.2017.
3. It appears that the applicant faced trial in Page 1 of 5 HC-NIC Page 1 of 5 Created On Fri Feb 24 02:00:32 IST 2017 R/CR.MA/5461/2017 ORDER Criminal Case No.1445 of 2005 in the Court of learned Chief Metropolitan Magistrate, Ahmedabad for the offence punishable under Sections 406, 420, 409, 468 and Section 120(B) of the Indian Penal Code. He came to be acquitted in the said Criminal Case, vide judgment and order of acquittal dated 20.10.2006. He challenged the acquittal in the learned City Sessions Court by filing Criminal Case No.155 of 2007. Learned Additional City Sessions Judge allowed the appeal preferred by the respondent No.1State and quashed and set aside the acquittal order and convicted the applicant for the offence punishable under Sections 420 and 468 of the Indian Penal Code. The applicant has challenged his conviction in this Court by filing Criminal Revision Application No.261 of 2013 which is still pending.
4. It appears that the applicant is the Vice President (Rolling Operations) of Ratnaveer Stainless Products Pvt. Ltd. He wanted to visit China in connection with his business. Therefore, he made an application being Criminal Misc. Application (For Direction) No.32568 of 2016 and Criminal Revision Application No.261 of 2013 for release of his passport which is lying with the learned City Sessions Court, Ahmedabad. This Court, by order dated 09.12.2016, allowed his Page 2 of 5 HC-NIC Page 2 of 5 Created On Fri Feb 24 02:00:32 IST 2017 R/CR.MA/5461/2017 ORDER application and directed the City Sessions Court to release his passport upon his making an application. Learned City Sessions Court, Ahmedabad, thereafter, by order dated 23.12.2016 released the passport for a period from 24.12.2016 to 23.02.2017 subject to the condition that the applicant shall deposit a sum of Rs. 1,00,000/ (Rupees One Lac Only) with the 'Nazir' of the Court. He further directed to surrender his passport on or before 26.02.2017.
5. It is the case of the applicant that as his passport had expired, he could not make visit to China and now he has received a fresh invitation from Chenzhou Sanke Stainless Steel Co. Ltd. for further discussion in order during 24.02.2017 to 31.05.2017. The applicant, therefore, request that the time to surrender the passport which expires on 26.02.2017 pursuant to the order of the learned City Sessions Court, Ahmedabad may be extended till 31.05.2017.
6. I have heard Mrs. Yoginini V. Parikh, learned advocate for the applicant, Mr. N.J. Shah, learned APP for the respondent No.1State and Mr. Kshitij Amin, learned advocate for the respondent No.2Union of India.
7. It appears that because of the expiry of the passport, the applicant could not visit China in Page 3 of 5 HC-NIC Page 3 of 5 Created On Fri Feb 24 02:00:32 IST 2017 R/CR.MA/5461/2017 ORDER connection with the business between 24.12.2016 and 23.02.2017. He has received a fresh invitation in this regard from the business concerned of China. It appears that he would be require to visit China between 24.02.2017 to 31.05.2017, and therefore, the request made by the applicant needs to be considered for extension of time to surrender his passport up to the aforesaid period. I am, therefore, of the opinion that it would be just and proper to make the applicant to the trial Court for extension of time to surrender his passport.
8. Accordingly, in view of the above, the present application is allowed. The learned City Sessions Court, Ahmedabad is directed to extend the period for surrendering the passport which is going to expire on 26.02.2017 upon his making appropriate application.
9. In view of letter dated 14.02.2017, since the time for surrendering the passport is expiring on 26.02.2017, the learned Sessions Court, Ahmedabad shall not reject the application of the applicant for extension to surrender the passport only on the ground that such an application made after expiration of the last date of surrendering the passport. Rule is made absolute. Direct service is permitted.
Page 4 of 5 HC-NIC Page 4 of 5 Created On Fri Feb 24 02:00:32 IST 2017 R/CR.MA/5461/2017 ORDER (A.G.URAIZEE,J) Manoj Page 5 of 5 HC-NIC Page 5 of 5 Created On Fri Feb 24 02:00:32 IST 2017