The court has discretion to modify conditions imposed in prior orders based on the status of ongoing proceedings.

ORDER : 

(M. R. MENGDEY, J.)

1. The Applicant has preferred this Application for modification of Condition No.(c) imposed by this Court vide order dated 7.07.2020 by which the Applicant was directed to surrender passport to the lower court. The Applicant has further prayed for direction to Respondent No.2 - The Passport Authority to extend the validity of the Passport of the Applicant for a period of five years. It is further prayed by the Applicant that the period of depositing the Passport may be extended for a period of four weeks as granted by the learned Sessions Judge, Surat vide order dated 23.09.2024 passed in Criminal Misc. Application No. 6766 of 2024.

2. Heard learned Advocate for the Applicant, learned Advocate appearing for the Respondent No.2 and learned APP Mr. Hardik S. Soni for the Respondent - State.

3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. Kshitij Amin waives service of notice of Rule on behalf of Respondent No.2 - The Passport Authority.

4. Learned Advocate for the Applicant submits that the Applicant has preferred an Application for discharge which came to be dismissed by the learned Sessions Court against which the Applicant has approached this Court by filing Criminal Misc. Application No. 474 of 2020 and in the said Revision Application, this Court vide order dated 12.10.2020 has stayed the further proceedings of Trial. The Passport of the present Applicant which has been deposited before the concerned Trial Court expired and the Applicant has already submitted the said Passport for the purpose of renewal. He further submitted that having regard to the order passed by the Coordinate Bench of this Court vide order dated 12.10.2020, there is no possibility of the trial commencing in near future. He therefore prayed that the Passport may be directed to be renewed for a period of five Years.

5. Learned Advocate appearing on behalf of the Passport Authority submitted to pass appropriate order.

6. Having regard to the fact that the Coordinate Bench of this Court vide order dated 12.10.2020 passed in Criminal Revision Application No. 474 of 2020 has stayed the further proceedings of the Trial, the request of the present Applicant for renewal of his Passport for a period of five Years deserves consideration and hence the same is hereby allowed. The Passport Authorities shall consider the case of the Applicant for renewal of the Passport of the Applicant for a period of five years.

7. It will be open for the Applicant to file an application afresh for deletion of the aforesaid condition after the Passport is renewed.

8. The Application stand allowed in above terms. Rule is made absolute to the aforesaid extent.