IA ORDER

1. Rule. Learned APP waives service of Rule on behalf of Respondent State.

2. This application is filed under Section 439(1)(b) of the Code of Criminal Procedure for modification of Condition No.8 (e) and (g) of the regular bail order dated 30.01.2004 imposed by co-ordinate Bench of this Court (Coram: Hon'ble Mr. Justice A.L. Dave, as his Lordship the then was) in Criminal Misc. Application No.7819/2003. Condition No.8(e) and (g) of the order dated 30.01.2004 read as under :-

“8(e) not leave the country without prior permission of this Court.

(g) surrender his passport, if any, to the lower court within a week.”

3. Mr. Gondaliya, learned advocate appearing for the applicant, has urged that the applicant is running a club and resort named and styled as “Palm Green Club and Resort” and for purchasing the decorative items, he would require to visit China and other countries. He further submits that, the applicant is also intended to travel in Bhutan in the month of May and he is also intended to travel in the month of July to Canada for Home Warming ceremony of his brother in law. Therefore, he urged that the present application may be allowed and passport may be released by imposing any suitable condition.

4. Learned APP appearing for the respondent – State has also urged this Court to direct the applicant to produce necessary papers of his visit, however, he confirms that till date the Applicant has not breached any of the conditions at any point of time. However, prays to impose strictest conditions, if at all the Court is inclined to allow the application.

5. On perusal of the records and various orders appended with the present application. It transpires that the Applicant has not flouted the order of this Court or any condition at any point of time. Considering the averments made in the application as well as contentions raised by the learned Advocate for the Applicant, present Applicant is partly allowed. Condition Nos.8 (e) and (g) of the regular bail order dated 30.01.2004 imposed by co-ordinate Bench of this Court (Coram: Hon'ble Mr. Justice A.L.Dave, as his Lordship the then was) in Criminal Misc. Application No.7819/2003 is hereby suspended from 01.05.2026 to 31.10.2026 on the following terms and conditions :-

(a) The applicant shall give his travel schedule to the trial Court and the concerned Police Station with his addresses of the places and the telephone numbers whenever he is leaving the country and shall also provide all the related documents to the learned Trial Court as well as to the concerned Police Station.

(b) He shall be returned his passport on depositing Rs.50,000/- (Rupees Fifty Thousand) before the concerned Trial Court with one surety before the concerned trial Court. On depositing such amount, the trial Court shall hand over the passport to the applicant. The applicant shall deposit the passport with the learned trial Court after returning from the journey within a week. On returning the passport, the learned trial Court shall release the deposited amount of Rs.50,000/- (Rupees Fifty Thousand only) to the applicant.

(c) Applicant shall mark his presence and proceed with trial through his advocate and shall not dispute his absence.

7. Rule is made absolute to the above extent. Direct service is permitted.