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2016 Supreme(Guj) 1902
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
C.L. SONI, J.
Deepak Kishanchand Sajanani – Applicant
Vs.
State of Gujarat & ors – Respondent
Criminal Misc. Application (For Modification of Orders) No. 18529 of 2015 In Criminal Misc. Application No. 18532 of 2013
Decided on : 12-09-2016
Advocate Appeared:
For the Appellant :Mr. CR Abichandani, Advocate
For the Respondent:Mr. Hriday Buch, Advocate, Mr. K.L Pandya App
The court has the discretion to temporarily suspend or modify conditions related to travel and passport surrender in order to accommodate legitimate business travel.
Headnote:
Passport - Business Travel - The court allowed the applicant to temporarily suspend the conditions of surrendering the passport and not leaving India without prior permission, in order to enable the applicant to travel abroad for business purposes.
Fact of the Case:
The applicant sought to delete or modify certain conditions of a previous court order, as he needed to go abroad for business purposes.
Finding of the Court:
The court found that the applicant's business travel required temporary suspension of the conditions related to surrendering the passport and not leaving India without prior permission.
Issues: The main issue was whether the court should allow the applicant to temporarily suspend the conditions in order to travel abroad for business purposes.
Ratio Decidendi: The court decided to temporarily suspend the conditions related to surrendering the passport and not leaving India without prior permission, allowing the applicant to travel abroad for business purposes.
Final Decision: The court partly allowed the application, ordering the suspension of the conditions and putting them in abeyance until a specified date, with certain conditions to be fulfilled by the applicant.
C.L SONI, J.
Rule. Learned Additional Public Prosecutor Mr. Pandya waives service of rule for respondent no. 1 and learned advocate Mr. Devang Vyas waives service of rule for respondent no. 2.
2. By the present application, the applicant seeks to suitably delete and/or modify the conditions No. 5(c) and (d) of the order dated 26/11/2013 passed by this Court in Criminal Miscellaneous Application No. 18532 if 2013. The Conditions No. 5(c) and (d) of the said order read as under:-
(c) surrender his passport, if any, to the lower court within a week.
(d) not leave the India without prior permission of the Sessions Judge concerned;
3. The application is made on the ground that the applicant is required to go abroad for business purposes. Learned advocate Mr. Abichandani submitted that this Court vide order dated 30/09/2014 had permitted the applicant to visit abroad by temporarily suspending the conditions no. (d) and (e). Mr. Abichandani submitted that the applicant thereafter came back within time and deposited his passport.
4. In the present application, the Court passed following order dated 08/07/2016:-
(1) By the present application, the applicant seeks to suitably delete and/or modify the conditions No. 5(c) and (e) of the order dated 26/11/2013 passed by this court in Criminal Miscellaneous Application No. 18532 of 2013. The main ground on which the prayer is sought for in the application is that the applicant is a businessman and is required to go abroad for business purpose.
(2) Learned advocate Mr. Abichandani for the applicant submitted that the applicant for the purpose of going abroad is required to ask for Visa for foreign country. Mr. Abichandi submitted that the applicant is ready to submit itinerary with relevant details about his business tour to the foreign country. Mr. Abichandani submitted that to ask for Visa the applicant is first required to have the passport with him.
(3) Heard learned advocate Mr. Buch for respondent No. 2 and learned APP Mrs. Punani for respondent No. 1.
(4) It appears that for business purpose, when the applicant wants to go abroad, he could be first permitted to have passport for a limited period so as to enable him to seek VISA of foreign Country. It will be then on his submitting relevant itinerary with details of his business programmes, the application could be finally considered.
(5) In view of the above, by way of interim order, it is directed that the concerned Court shall release the passport of the applicant for a period of four weeks and the condition No. 5(c) of the order dated 26/11/2013 passed by this Court in Criminal Miscellaneous No. 18532 of 2013 shall stand suspended for such period of four weeks. The applicant shall be entitled to retain the passport for a period of four weeks from the date of its release. The applicant shall place on record, the relevant itinerary with details of his business purposes to the foreign country.
(6) The present application shall be now placed for further order on 5th August, 2016.
Direct service is permitted.
5. The applicant has placed material on record with the reasons for which the applicant intends to visit foreign country, by affidavit dated 4th August, 2016.
6. Learned advocate Mr. Abichandani submitted that the applicant has now got visa for USA and he is required to visit as per the details provided in the affidavit to Russia, Madagascar and UAE as per the oral instruction now given, he is also required to visit Colombo. He therefore, submitted that the Court may suitably modify or suspend the above said conditions for a reasonable period of six months.
7. Learned advocate Mr. Devang Vyas appearing for respondent no. 2 and Mr. K.L Pandya learned Additional Public Prosecutor for respondent No. 1 submitted that considering the material placed by the applicant, if the Court is inclined to modify the condition for temporary period, the Court may exercise its power.
8. In view of the above, and having considered the details provided in the af
