IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (DIRECTION) NO. 2 of 2025 In R/CRIMINAL APPEAL NO. 1581 of 2008 With CRIMINAL MISC.APPLICATION (DIRECTION) NO. 3 of 2025 In R/CRIMINAL APPEAL NO. 1581 of 2008 ==========================================================

VIJAYBHAI NARSINHBHAI PATEL Versus STATE OF GUJARAT & ANR.

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Appearance:

MR TEJAS BAROT, SENIOR ADVOCATE with MS RHEA CHOKSHI(10808)

for the PETITIONER(s) No. 1 NOTICE SERVED BY DS for the RESPONDENT(s) No. 2 MR L. B. DABHI, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 18/02/2025

IA ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. Both these applications arise out of the same Criminal Appeal No.1581 of 2008 and hence, they are disposed of by this common order.

2. Both these applications are filed for the similar following reliefs:

“(A) The Hon’ble Court be pleased to direct the respondent no.2- Passport authority to consider the case of the applicant for renewal of his passport with validity of five years and be further pleased to direct Ld. Addl. Sessions Judge, Anand to release the passport of the applicant;

(B) The Hon’ble Court be pleased to issue appropriate order or direction permitted the applicant to travel to United States of America for a period of five years;

(C) Any other and further relief as may be deemed just, for and proper may kindly be granted in the interest of justice.”

3. The applicants were original accused and were tried for offence under sections 143, 147, 148, 149, 295, 436, 395 of IPC read with section 135 of the Bombay Police Act in Sessions Case No.75 of 2006 by the Additional Sessions Judge and Presiding Officer, Second Fast Track Court, which ultimately resulted in common judgment and order dated 28.05.2008. The State has preferred a Criminal Appeal being No.1581 of 2008 against the impugned judgment and order dated 28.05.2008 and therefore, the applicants are answering respondents in the State’s appeal.

4. It appears that the applicants are permanent residents of USA with their family and doing their business in USA, however, on account of an appeal pending against them, present applications have been filed with similar prayers for return of their passports, which lastly surrendered in view of the previous orders passed by this Court on applications filed by the applicants themselves seeking liberty to travel out of India and release of passports as well as renewal of passports from time to time. The details of their passports are as under:

5. Learned Senior Advocate Mr. Tejas Barot appearing for the applicants has submitted to this Court that though various orders which were passed in various applications filed by the applicants in this regard beginning with Criminal Misc. Application No.11066 of 2012, wherein their first order was passed on 30.07.2023 and time and again periodically similar orders were being passed by various Benches and ultimately the order came to be passed lastly in Criminal Misc. Application No.2 of 2024 and 3 of 2024 respectively in Criminal Appeal No.1581 of 2008 on 14.02.2024, wherein several conditions were imposed, relevant for our purpose being condition nos.7 and 8 pertaining to their availability and surrender of their passports before the Trial Court.

6. Today, the situation is that passports which were issued for a validity of one year are to expire on 27.03.2025 and therefore, considering the facts of the applications periodically they were allowed and on number of occasions the applicants have sought renewal and release of passports. The applicants have prayed for renewal of passport for a period of five years instead of one year as had been done