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Sanjay Rameshchandra Shah vs State Of Gujarat

High Court Of Gujarat|26 February, 2019
SANJAY RAMESHCHANDRA SHAH Versus STATE OF GUJARAT ========================================================== Appearance:
MR RAJESH H SAHJANI for the PETITIONER(s) No. MR KP RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI Date : 26/02/2019 IA ORDER
1. Rule. Mr.K.P. Raval, learned Additional Public Prosecutor, waives service of notice of Rule for the respondent State.
2. This application is filed for modification of condition No.8(f) in the order dated 04.02.2019 passed in Criminal Misc. Application No.300 of 2019.
3. Heard learned advocate Mr.Rajesh H. Sahjani for the applicant and learned Additional Public Prosecutor Mr.K.P. Raval for the respondent State.
4. It is submitted by the learned advocate for applicant that for FIR being C.R. No.I­37 of 2018, registered with Umreth Police Station, District Anand, for the offences punishable under Sections 406, 420, 114, 201 and 120B of the Indian Penal Code, the applicant submitted an application before this Page 1 of 3 R/CR.MA/300/2019 IA ORDER Court under Section 438 of the Code of Criminal Procedure, 1973. This Court, vide order dated 04.02.2019, granted the said application and, thereby, released the applicant on anticipatory bail on certain terms and conditions, which are mentioned in Paragraph­8 of the order. It is contended that Condition No.8(f) of the said order reads as under:
"8(f) shall not leave India without the permission of the Trial Court and if having passport shall deposit the same before the Trial Court within a week;"
5. Learned advocate Mr.Rajesh H. Sahjani for the applicant submits that pursuant to the aforesaid condition, the applicant surrendered his Passport on 12.02.2019 before the Trial Court and complied with the said condition. However, now the applicant wants to visit U.A.E., for his business purpose for a period of three months. He, therefore, submitted an application being Criminal Misc. Application No.24 of 2019 before the Trial Court for modification of condition and for release of the passport. It is submitted that concerned Trial Court vide order dated 22.02.2019 permitted the applicant to visit U.A.E., for a period of fifteen days only on condition that the applicant has to deposit Rs.90 lacs. It is submitted that the said condition is very harsh and, therefore, this Court may modify condition No.8(f) imposed in the order dated 04.02.2019.
6. Learned Additional Public Prosecutor Mr.K.P.
applicant to deposit Rs.5 lacs before the concerned Trial Court.
7. In view of the aforesaid submissions, condition No.8(f) imposed by this Court in the order dated 04.02.2019 is modified. The applicant is permitted to visit U.A.E., for a period of three months from 01.03.2019 to 31.05.2019 on a condition that the applicant has to deposit Rs.5 lacs before the concerned Trial Court within a period of three days from today. Accordingly, order dated 22.02.2019 passed by the concerned Trial Court in Criminal Misc. Application No.24 of 2019 is also modified to the aforesaid extent.
8. The application is allowed to the aforesaid extent. Rule is made absolute, accordingly.
Direct Service is permitted.
(VIPUL M. PANCHOLI, J) piyush Page 3 of 3
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  • Vipul M Pancholi