IA ORDER

1. Rule. Learned APP waives service of notice of Rule for and on behalf of the Respondent – State.

2. The applicant has preferred the present application for modification/relaxation of the condition No. 14(b) imposed by this Court while allowing the application seeking suspension of sentence being Criminal Misc. Application No.1 of 2025 in Criminal Appeal No.567 of 2025 for a period of one year. The same reads thus :

“14(b) he shall not leave India without the prior permission of this Court.”

3. Heard learned advocate Mr. Kunal S. Shah appearing for the applicant and learned APP Mr. Tirthraj Pandya appearing on behalf of the Respondent - State.

4. Learned advocate Mr. Shah appearing for the applicant has submitted that the applicant is desirous to go abroad to meet his daughters residing in USA and Canada, respectively.

5. Per contra, learned APP appearing for the respondent – State, while opposing the application, has requested to pass appropriate orders.

6. This Court has considered the submissions canvassed by the learned advocate for the applicant and the learned APP for the State and has also perused the materials placed on record.

7. On the facts and in the circumstances of the case, the present application is partly Allowed. The condition No. 14(b) imposed by this Court in Criminal Misc. Application (for suspension of sentence) No. 1 of 2025 in Criminal Appeal No. 567 of 2025 vide order dated 04.03.2025, is suspended for a period of one year from the date of this order. The applicant shall surrender his passport immediately within a period of one week on his return from abroad. Rest of the conditions shall remain intact.

8. The applicant is also directed to furnish the complete itinerary of the tour programme before the concerned trial Court. The trial Court shall hand over the passport to the applicant for the aforesaid period.

9. Rule made absolute to the aforesaid extent. Direct service is permitted.