Gujarat High Court
Haresh Chhaganbhai Mehta vs State Of Gujarat on 29 December, 2016
Author: Anant S.Dave
Bench: Anant S. Dave
R/CR.MA/34203/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
34203 of 2016
In
CRIMINAL MISC.APPLICATION NO. 9055 of 2011
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HARESH CHHAGANBHAI MEHTA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PRAVIN GONDALIYA, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 29/12/2016
ORAL ORDER
1. Rule. Learned APP, Mr.Pandya waives service of notice of rule on behalf of the respondent-State.
2. This application is preferred by the applicant/accused under Section 439 read with Section 482 of the Code of Criminal Procedure for modification/ suspension of condition no.5 (iii) imposed vide order dated 13.7.2011 passed in Criminal Misc. Application No.9055 of 2011, on the ground that the applicant has already surrendered his passport towards compliance of the above condition and the applicant is in business of export and import and has to travel abroad frequently.
3. Heard learned advocate for the applicant as well as Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Dec 30 00:07:38 IST 2016 R/CR.MA/34203/2016 ORDER learned APP for the respondent-State.
4. Having regard to the facts and circumstances, submissions made by learned advocate for the applicant and necessity of the applicant to travel abroad in view of his business, I deem it just and proper to keep condition no.5 (iii) imposed vide order dated 13.7.2011 passed in Criminal Misc. Application No.9055 of 2011 in abeyance for a period of one year. The trial court is directed to release the passport of the applicant forthwith upon submission of an application by the applicant, for a period of one year from the date of release of the passport. Xerox copy of the passport be kept on record of the trial court. Rest of the conditions shall remain as they are.
5. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(ANANT S.DAVE, J.) *malek Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Dec 30 00:07:38 IST 2016