1. - Heard learned counsel for the petitioner-accused as well as learned Public Prosecutor for the State.

2. This petition under Section 482 Criminal Procedure Code is preferred against order dated 7.7.2012 passed by the learned Chief Judicial Magistrate, Rajsamand whereby application of the petitioner seeking permission to go out of India (Dubai and Iran) and for releasing his passport has been rejected.

3. Learned counsel for the petitioner submitted that present petitioner moved an application for bail under Section 439 Criminal Procedure Code, being S.B. Criminal Bail Application No. 2360/2012 as he was charged and arrested under Sections 498-A, 406 and 420 Indian Penal Code and he was ordered to be released on bail by a coordinate Bench of this Court on 9.4.2012, inter alia, by imposing condition that petitioner shall deposit his passport with the trial Court. The petitioner complied with the conditions and bailed out by the learned trial Court as per order of this Court.

4. Learned counsel for the petitioner further submitted that the petitioner is a businessman and dealing with oil business and needs to go out of India on a business tour. The trial will take long time and if the passport will not be released then the petitioner will suffer great loss. The petitioner firstly approached to the learned Trial Court but the Court below refused to release the passport by the impugned order dated 7.7.2012. So, he prayed that the petition may be allowed and original passport bearing No. Z1996802 surrendered by the petitioner in Criminal Case/F.I.R. No. 131/2012, P.S. Rajnagar, District-Rajasamand, pending before the Court of Chief Judicial Magistrate, Rajasmand be released for 25 days and he does not want to press for future release.

5. Learned Public Prosecutor does not dispute the facts stated and contentions made on behalf of the petitioner.

6. Having considered the facts and circumstances and in view of the fact that in similar circumstances, prayer has been granted in another cases by this Court and the learned Public Prosecutor does not oppose the prayer; this misc. petition is allowed and the petitioner-Ravindradev Singh S/o Jaidev Singh, by caste Bada Charan, r/o Sector 9, Hiranmagri, Udaipur is permitted to visit Dubai and Iran for a period of 25 days, after submitting date of visit by the petitioner before the trial Court when he will be going out of India.

7. The petitioner shall submit a certified copy of the passport with the Court below and shall also undertake to submit the passport to the Court below immediately after return from his journey as permitted.Petition allowed.

*******