IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 18356 of 2020 ================================================================

ARUN RAMAVTAR GUPTA Versus STATE OF GUJARAT ================================================================

Appearance:

MR ASHISH B DESAI(5163) for the Applicant(s) No. 1 MR.H.K.PATEL, APP, (2) for the Respondent(s) No. 1 ===============================================================

CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 01/02/2021

ORAL ORDER

[1] This application is for partial modification of suspension of the condition Nos.2 and 3 of bail granted to the applicant by an order dated 23.08.2019 in Criminal Misc. Application No.2661 of 2019 in connection with an FIR being C.R.No.I-291 of 2015 with Sola High Court Police Station, Ahmedabad for offences punishable under Sections 406, 420, 465, 467, 468, 471, 294(b), 506(1), 120(B) and 114 of the Indian Penal Code.

[2] Learned advocate Mr. Ashish B. Desai for the applicant submits that the conditions need to be modified for the purpose of renewal of his passport which is to expire in the month of March-2021 and also to renew his employment pass issued to him by the Singapore Government which is to expire in the month of February-2021. Learned advocate for the applicant submits that as the case against the applicant is for offences under Section 406 and allied sections of IPC, which is Magistrate triable offence, wherein the involvement of the applicant at the most is that the applicant's signature has been forged by someone to be misused. He submits that the applicant has so far abided by all the conditions of bail and still the applicant is ready and willing to abide any condition that may be imposed by the Court including the cash deposit with the trial Court so as to ensure his return after the process for renewal of passport and extension of employment pass from Singapore is available.

[3] Learned Additional Public Prosecutor opposes the application by submitting that the offence was registered in the year 2015 and thereafter, the applicant was not available for investigation till the applicant was arrested in August-2019 pursuant to lookout circular issued against the applicant. It is also submitted that over and above two offences at Sola High Court Police Station and Vastrapur Police Station, the applicant is involved in two other offences one at Ellisbridge Police Station and another with Sitapur Police Station at Uttar Pradesh.

[4] In rejoinder, learned advocate for the applicant submits that both the offences mentioned above at Ellisbridge Police Station and Sitapur Police Station, Uttar Pradesh have been ordered to be quashed and set aside and he refers to copies of orders of the respective Courts vide order dated 12.09.2019 in Criminal Misc. Application No.17215 of 2019 and vide Clousure Report No.185 of 2015 dated 20.08.2015.

[5] The Court has heard learned advocates for the parties and perused the documents placed on record. The applicant is arrested in connection with an FIR being C.R.No.I-291 of 2015 with Sola High Court Police Station, Ahmedabad for offences punishable under Sections 406, 420, 465, 467, 468, 471, 294(b), 506(1), 120(B) and 114 of the Indian Penal Code. By an order dated 23.08.2019 in Criminal Misc. Application No.2661 of 2019, the applicant was ordered to be enlarged on regular bail by the Principal District and Sessions Judge, Ahmedabad Rural. Under the order of bail, several conditions were imposed. Two of them being that the applicant shall not leave the territory of India without the permission of this Court and that the applicant shall deposit his passport before the trial Court. Accordingly, the applicant has deposited the passport No.Z2041218 with the Sessions Court. The passport which is annexed alongwith this application indicates the date of expiry to be of 28.03.2021. Therefore, for the purpose of renewal, the applicant would need the passport so as to make application for renewal wi