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Gujarat High Court

Kalpesh Jyotishchandra Dalal vs State Of Gujarat on 7 August, 2020

Author: Vipul M. Pancholi

Bench: Vipul M. Pancholi

       R/CR.MA/11014/2019                                            IA ORDER



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 CRIMINAL MISC. APPLICATION (DIRECTION) NO. 1 of 2020
                           In
     R/CRIMINAL MISC. APPLICATION NO. 11014 of 2019
=======================================================

KALPESH JYOTISHCHANDRA DALAL Versus SUPERINTENDENT OF POLICE ======================================================= Appearance:

MR.DARSHAN A. DAVE for the PETITIONER(s) No. MR RONAK RAVAL, APP for the Respondent No.1 ======================================================= CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI Date : 07/08/2020 IA ORDER

1. This application is filed by the applicant seeking following relief/s:

"(A) This Hon'ble Court may be pleased to admit and allow this application thereby directing the Trial Court to permit the applicant to withdraw his passport and further be pleased to permit the applicant to travel Belgium, Europe for a period of six months;

(B) The Hon'ble Court may be pleased to grant such other and further relief/s or order/s as deemed fit, just and proper in the interest of justice;"

2. Heard learned advocate Mr. Darshan Dave for the applicant and learned APP Mr. Ronak Raval for the respondent - State through video conferencing.

R/CR.MA/11014/2019 IA ORDER

3. Learned advocate for the applicant submitted that the applicant came to be enlarged on regular bail by this Court vide order dated 24.06.2019 passed in Criminal Misc. Application No.11014 of 2019. While enlarging the applicant on bail, this Court imposed certain conditions. Condition 9(c) of the aforesaid order provides that the applicant shall surrender his passport before the trial court within a period of one week from the date of passing of the said order. It is submitted that pursuant to the said condition, applicant has already surrendered his passport before the trial Court.

4. Learned advocate further submitted that on account of current situation of COVID-19 pandemic, he approached this Court directly without moving any application before the trial Court. Learned advocate thereafter contended that the wife and son of the applicant are residing at Belgium, Europe and therefore condition Nos.9(c) and 9(d) of the aforesaid order be modified/suspended for a period of six months and learned trial Court be directed to handover the passport of the applicant so as the enable him to visit Belgium, Europe.

5. On the other hand, learned APP submitted that considering the facts and circumstances of the present case, this Court may pass an appropriate order.

R/CR.MA/11014/2019 IA ORDER

6. Having heard the learned advocates for the parties and having gone through the material produced on record, it is revealed that FIR being C.R.No.I-46 of 2019 came to be registered with Bharuch City 'C' Division Police Station against the present applicant for the offence punishable under Sections 279, 337, 338 and 304 of the IPC and under Sections 177, 184 and 185 of the Motor Vehicles Act. The applicant is enlarged on bail by this Court vide order dated 24.06.2019 passed in Criminal Misc. Application No.11014 of 2019 on certain terms and conditions. Condition Nos. 9(c) of the said order provides that the applicant shall surrender his passport before the concerned trial Court within a period of one week from the date of passing of the said order and condition No.9(d) provides that the applicant shall not leave India without the prior permission of the concerned trial Court. It is not in dispute that the applicant has already surrendered his passport before the trial Court. Further, as submitted by learned advocate for the applicant, it appears that he has filed this application directly before this Court without moving before the trial Court due to current situation of COVID-19 pandemic. Moreover, wife and son of the applicant are residing at Belgium.

7. In view of the aforesaid discussion, I am inclined to consider this application. Accordingly, application stands allowed. Condition Nos. 9(c) and 9(d) of the order dated 24.06.2019 passed in Criminal Misc. Application No.11014 of 2019 are hereby suspended for a period of six months. The learned trial Court is Page 3 of 4 Downloaded on : Fri Aug 07 21:51:00 IST 2020 R/CR.MA/11014/2019 IA ORDER directed to handover the passport of the applicant on proper verification and on submission of itinerary and tickets by the applicant. The applicant shall also deposit an amount of Rs.1,00,000/- (Rupees One Lakh Only) before the concerned trial court. The applicant shall surrender the passport on completion of six months. As and when the applicant surrenders his passport on his return, the amount deposited by the applicant shall be returned back to him after proper verification. All other conditions shall remain unaltered.

8. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(VIPUL M. PANCHOLI, J.) SRILATHA Page 4 of 4 Downloaded on : Fri Aug 07 21:51:00 IST 2020