ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives service of rule on behalf of the respondent-state.

[2] Draft amendment in Criminal Misc. Application No.19766 of

2021 is allowed. To be carried out forthwith.

[3] These two applications are filed by the same applicant raising identical issues and facts therefore, at joint request are taken up for joint hearing and disposal.

[4] These applications are filed seeking for modification of Condition No.5 of orders dated 01.07.2019/05.08.2019 passed in GPID Criminal Misc. Application Nos.98 of 2019 and 133 of 2019. By the aforementioned order, the applicant was ordered to be released on regular bail in connection with FIR registered as I-C.R. No.02 of 2019 with CID Crime, Surat Zone Police Station, for the offence under Sections 406, 409, 420 and 120(B) of the Indian Penal Code, under Sections 4 and 5 of the Prize Cheat and Money Circulation Act and under Section 3 of the Gujarat Protection of Interest of Depositors Act and in connection with FIR registered as I-C.R. No.09 of 2019 with CID Crime. Surat Zone Police Station 406, 409, 420 and 120(B) of the Indian Penal Code and under Section 3 of the Gujarat Protection of Interest of Depositors Act.

[5] By the aforesaid orders, the applicant was released on bail on certain conditions including condition No.5, which reads as under:-

“5. The applicant/accused, shall not leave the territory of Gujarat State without prior permission of the Court till the disposal of the case.”

[6] Leaned Advocate for the applicant submitted that the applicant is a Head of Brand Marketing Manager at Zelizon Life Style Private Limited, Surat since 01.01.2021 and also having the responsibility of Online Sales Management and Off Line Products Distribution and for the said purpose, he has to travel throughout India. He submits that the applicant has filed GPID Criminal Misc. Application Nos. 18 of 2021 and 19 of 2021 for modification/deletion of condition No.5 before the learned Sessions Judge. Surat, however the same were rejected vide order dated 20.03.2021. Therefore, the present applications have been filed for modification of Condition No.5. It is submitted that almost two years have been passed since the applicant has been released on bail and till date, no untoward incident has happened.

[7] Learned APP submitted that the condition imposed is just and proper and no modification is required, as the applicant is involved in a very serious and therefore, the aforementioned condition may not be modified or deleted.

[8] Having considered the rival submissions of the parties and having perused the documents on record, it appears that as submitted by learned Advocate for the applicant that it is very difÏcult to travel outside Gujarat due to imposed condition. Moreover, almost two years have been passed since the applicant has been released on bail and till date, no untoward incident has taken place and applicant is scrupulously complied with conditions of bail.

[9] It is required to be noted here that other co-accused had also filed application for modification/deletion of the said condition No.5, wherein the Sessions Court was pleased to modify/delete the said condition and therefore, the same treatment is required to be given to the present applicant.

[10] In view of the aforesaid, the applications are partly allowed. Condition No.5 of orders dated 01.07.2019/05.08.2019 passed in GPID Criminal Misc. Application Nos.98 of 2019 and 133 of 2019 is hereby ordered to be modified and to read as under:

“(5) The applicant/accused shall not leave the territory of India without prior permission of the Court till the disposal of the case.”

[11] The remaining conditions to continue to operate.

[12] Rule is made absolute to the aforesaid extent. Direct service is permitted .

(A.Y. KOGJE, J)

SIDDHARTH