ORDER :

V.P. Patel, J.

1. Rule. Learned APP waives service of notice of rule on behalf of respondent-State.

2. This application is filed by the applicant to pass appropriate order for releasing of passport and permitting him to visit abroad.

3. The applicant has claimed reliefs as under:

"12(A) This Hon'ble Court may be pleased to admit and allow this application and thereby, grant permission to the applicant to travel USA for a period of nine months with a condition that he shall remain present in the Court proceedings as and when necessary"

4. Heard learned advocate Mr. Maharshi Patel for Mr. H.L. Patel Advocates for the appellant and learned APP Mr. Rashesh Rindani for the respondent-State.

Brief facts:

5. The complaint was lodged against the accused persons bearing CR. No. I- 49 of 2002 registered with Vasad Police Station for the commission of the offence punishable under Sections 147, 148, 149, 436, 332, 337, 153(3), 454, 457 and 380 of the Indian Penal Code. The applicant herein along with the other accused persons is the original accused in Sessions Case No. 8 of 2006 and they came to be acquitted vide judgment and order dated 23.09.2010 passed by the learned Additional Sessions Judge and Second Additional District Judge, Anand. Being aggrieved by the judgment and order of the acquittal, State of Gujarat has preferred the appeal against the respondents under Section 378(1) (3) of the Code of Criminal Procedure, 1973 being Criminal Appeal No. 66 of 2011. The same is admitted by this Hon'ble High Court vide order dated 15/06/2011 (Coram: Hon'ble Mr. Justice Ravi r. Tripathi and Hon'ble Mr. Justice P.P. Bhatt) and pending for final hearing.

Submission of the parties:

6. Mr. Maharshi Patel learned advocate appearing for the applicant has submitted that the applicant has no criminal antecedents, that, he is law abiding citizen and he is not the main accused and the trial is already completed against him, wherein he is acquitted by the court after considering the evidence on record. It is further submitted that the applicant is reputed person in the society and has so many immovable properties located in the revenue limits of Vasad and is having a well developed business in the territory of Indian. And applicant has a business of manufacturing Tuver Dal in the name of Laxmi Proteins Products Pvt. Ltd. since many years and he regularly pays the income-tax. It is further submitted that applicant is required to go to USA for the purpose of renewal of his green card. Therefore, the applicant requires permission of this Hon'ble Court to travel abroad for renewal of the green card. If the applicant is not permitted to travel to USA, the applicant will lose the golden opportunity and his future will be in dark. The learned advocate for the applicant has submitted that at present the passport is with applicant and if permission is granted then he can travel abroad on 06/10/2019 as stated in the undertaking.

6.1. The present applicant has filed undertaking dated 01/10/2019 on oath inter alia stating that he intend to travel to U.S.A. On 06/10/2019 after obtaining necessary permission from the Hon'ble Court and will be back in India on 31/12./2019 will not delay the appeal proceedings, if taken up for final hearing. That, he will reside in USA at the following address: "Prajesh Patel, 244 Haney Road, Woodstock-30188 G.A., USA and his telephone number in USA will be +16758203564". and further he will ready and willing to deposit an amount of Rs. 1,00,000/- before the registry of this Hon'ble Court as a security deposit and if the order of this Hon'ble Court are not complied the said deposit may be forfeited and the same shall be transferred to the State Government and he acknowledge the same.

7. Learned APP for the respondent State of Gujarat has submitted that taking into consideration the nature of offence and the apprehension on part of the