R/CR.MA/5568/2010 ORDER DATED: 30/11/2023 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 5568 of 2010 ========================================================== NAYAN GAMANLAL PATEL Versus STATE OF GUJARAT ========================================================== Appearance: MR VIRAT G POPAT (3764) for the Applicant(s) No. 1 MR HK PATEL APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 30/11/2023 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule on behalf of respondent-State. 2. This application is for modification of condition n o.8(c) and 8(d) of the order dated 08.06.2010 passed in Criminal Miscellaneous Application No. 5568 of 2010 is preferred on the ground that the applicant would like to travel abroad along with his family and to renew the passport of his minor daughter. It is further submitted that the applicant is a practicing advocate and is having permanent residence in Surat. In view of the above, it is submitted that the condition as above may kindly be modified permitting the applicant to receive the passport from the concerned Court, where it is deposited. 3. Considering the overall facts and circumstances made in the application, condition no.8(c) and 8(d) of the order dated 08.06.2010 passed in Criminal Miscellaneous Application NO. 5568 of 2010 stands modified to the extent that the passport deposited Page 1 of 2 R/CR.MA/5568/2010 ORDER DATED: 30/11/2023 by the applicant be handed over within a reasonable time upon submitting an application by the applicant so that he can travel as per the itinerary. 4. Accordingly, the application is allowed. The condition no.8(c) and 8(d) imposed while releasing the applicant on bail as per the order dated 08.06.2010, is suspended for a period of four months. The trial court shall hand over the passport of the applicant on proper identification and on his submitting itinerary and xerox copy of his passport, which shall be kept with the record along with the affidavit/ undertaking that may be filed by the applicant at the time of release of passport. The undertaking states about the stay at abroad and contact number during the aforesaid period and his travel plan. The undertaking of the applicant shall also clearly state that he shall return to India on completion of his work and shall surrender his passport on his return to India. All other conditions will remain unaltered. During the above period, the condition of marking presence shall also remain under suspension. 5. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) Radhika Page 2 of 2