SCR.A/552/2008 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 552 of 2008 For Approval and Signature: HONOURABLE MS.JUSTICE H.N.DEVANI ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = RAKESHKUMAR JASHBHAI PATEL - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================= Appearance : MR PP MAJMUDAR for petitioner MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for Respondent ========================================= = CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI Date : 16/04/2008 ORAL JUDGMENT 1. Rule. Mr.K.P.Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – SCR.A/552/2008 2/6 JUDGMENT State of Gujarat. 2. Having regard to the facts of the case, with the consent of the learned advocates for the parties, the matter is taken up for hearing today. 3. The petitioner herein is an accused in the first information report being Vasad Police Station I – C.R. No.49/2002 for the offences punishable under Sections 147, 148, 149, 436 etc. of the Indian Penal Code. 4. The petitioner had approached the learned Additional Sessions Judge, Nadiad by way of an application under Section 439 of the Code of Criminal Procedure, 1973 (the Code), wherein the learned Additional Sessions Judge, by order dated 30th August, 2002, had enlarged the petitioner on bail subject to the conditions enumerated therein. One of the conditions imposed vide the said order was that the petitioner should deposit his passport bearing No. E-0705902 with the Sessions Court, at Anand. It appears that the petitioner had made an application for release of his passport and upon his passport being released, the petitioner had applied for visa and succeeded in getting an immigrant visa for travelling to the U.S.A. It appears that the petitioner, apart from possessing a valid passport, also possesses a valid visa for travelling to the U.S.A., which expires on 28th May, 2008. As the petitioner was desirous of going abroad, the petitioner moved an application before the learned Fast Track Judge, Anand for release of his passport as well as seeking permission to go abroad, however, vide the order SCR.A/552/2008 3/6 JUDGMENT dated 11th March, 2008, the learned Additional Sessions Judge, Fast Track Court, Anand, rejected the said application. Being aggrieved, the petitioner is before this Court challenging the said order as well as praying that his passport be released and that, he be permitted to go abroad. 5. Mr.P.P.Majmudar, learned advocate for the petitioner has submitted that the petitioner has abided by the conditions imposed upon him by the Sessions Court while granting bail. It is submitted that the visa granted to the petitioner is for a limited period and the same expires on 28th May, 2008. It is submitted that the future of the petitioner's children as well as his wife is likely to be affected if the petitioner is not permitted to go abroad. It is pointed out that pursuant to the first information report in question, the trial is already concluded, however, the judgement of the Sessions Case against the petitioner is kept in abeyance since the Sessions Case in respect of the first information report being C.R. No. I – 57/2002 registered with Vasad Police Station, in which the petitioner is not an accused, is also to be decided along with the Sessions Case against the petitioner. It is submitted that, in the circumstances, the release of the petitioner's passport cannot be denied on the ground that in respect of the Sessions Case in connection with the first information report being C.R. No. I – 57/2002 registered with Vasad Police Station, the police report is yet to be submitted. It is urged that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court while permitting him to travel SCR.A/552/2008 4/6 JUDGMENT abroad. 6. This Court has also heard Mr.K.P.Raval, learned Additional Public Prosecutor on behalf of the respondent – State of Gujarat. 7. Considering the nature of the offences alleged against the petitioner as well as the fact that the judgement in connection with the first information report lodged against the present petitioner is not likely to be delivered in the near future as well as considering the submissions advanced by the learned advocate for the petitioner, this Court is of the view that the petitioner is entitled to release of his passport as well as to travel abroad, subject to some stringent conditions. 8. Moreover, a perusal of the impugned order dated 11th March, 2008, does not disclose any reasons for rejecting the application except that the learned Judge was of the view that granting the application would amount to frustrating the object of imposing the conditions of bail. 9. For the foregoing reasons, the application is allowed. The impugned order dated 11th March, 2008 passed by the learned Additional Sessions Judge, Fast Track Court, Anand below Application Exhibit 452 in Sessions Case No.8 of 2006 and No.9 of 2006 is hereby quashed and set aside. 10.The petitioner is permitted to travel abroad to the U.K. as well as U.S.A., subject to the following conditions : SCR.A/552/2008 5/6 JUDGMENT (i) The concerned Court shall handover the passport to the petitioner on proper identification for a period of six months. (ii)The petitioner shall deposit a sum of Rs.2 lakhs before the Trial Court with a surety of a like amount to the satisfaction of the Trial Court without prejudice to his rights and contentions and on his returning to India, the said amount shall be given back to the petitioner on proper identification. (iii)In case of breach of any of the conditions of this order, the amount of Rs.2 lakhs deposited with the Trial Court shall be liable to be forfeited. (iv)The petitioner shall give details regarding his itinerary and the places to which he plans to travel as well as the addresses at which he would be staying during the course of his journey to the said places. (v)The petitioner shall surrender his passport to the concerned Court and shall inform the concerned Investigating Officer within two weeks of his arrival in India. (vi)The petitioner shall file an Undertaking before this Court to the aforesaid effect within 2 weeks from today. 11.Condition No.2 of the order dated 30th August, 2002 passed by the learned Additional Sessions Judge, Camp at SCR.A/552/2008 6/6 JUDGMENT Anand in Criminal Miscellaneous Application No.545 of 2002 is suspended for a period of six months. 12.Rule is made absolute to the aforesaid extent. Direct service is permitted. [HARSHA DEVANI, J.] parmar*