1. The present Application is filed by the Applicant / Original Accused for modification of the order passed in Criminal Misc. Application No. 10782 of 2010 dated 22.9.2010 while releasing the Applicant on bail.
2. The condition Nos. 7(e) and and 7(g) as stated in the Application referred to the marking of the presence and the passport which is surrendered before the lower court. However, it is stated that the Applicant desires to go abroad and therefore the condition 7(e) and Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat May 07 05:26:47 IST 2016 R/CR.MA/9801/2016 ORDER 7(g) may be relaxed.
3. Learned APP Ms. Hansa Punani on instructions has stated that the charge sheet has not been filed and as there is some interim order, the further progress has not been made and appropriate order may be passed.
4. In view of the rival submissions and considering the facts stated in the Application as well as the right of the Applicant, the present Application deserve to be allowed. The prayer in terms of paragraph 9(A) and 9(B) is granted.
5. The passport of the Applicant / Original Accused, which is lodged with the lower court is ordered to be returned to the Applicant / Original Accused after retaining the xerox copy of the same. The Applicant shall furnish the undertaking stating the itinerary and his contact number during his stay abroad. The passport is ordered to be released forthwith subject to the aforesaid undertaking in order to enable the Applicant to visit abroad during the period of one month, i.e. up to 10.6.2016. The Applicant shall surrender the passport on or before 10.6.2016 on his return from abroad. The condition No. 7(e) and 7(g) shall stand relaxed during the aforesaid period and the Applicant may not be required to mark his presence. The present Application accordingly stands allowed. Rule is made absolute. Direct service permitted.