Kalpesh Jyotishchandra Dalal vs Superintendent Of Police

Vipul M. Pancholi, J

This application is filed by the applicant seeking following relief/s:

“(A) This Hon’ble Court may be pleased to admit and allow this application thereby directing the Trial Court to permit the applicant to

withdraw his passport and further be pleased to permit the applicant to travel Belgium, Europe for a period of six months;

(B) The Hon’ble Court may be pleased to grant such other and further relief/s or order/s as deemed fit, just and proper in the interest of justice;â€​

Heard learned advocate Mr. Darshan Dave for the applicant and learned APP Mr. Ronak Raval for the respondent â€" State through video

conferencing.

Learned advocate for the applicant submitted that the applicant came to be enlarged on regular bail by this Court vide order dated 24.06.2019

passed in Criminal Misc. Application No.11014 of 2019. While enlarging the applicant on bail, this Court imposed certain conditions. Condition 9(c) of

the aforesaid order provides that the applicant shall surrender his passport before the trial court within a period of one week from the date of passing

of the said order. It is submitted that pursuant to the said condition, applicant has already surrendered his passport before the trial Court.

Learned advocate further submitted that on account of current situation of COVID-19 pandemic, he approached this Court directly without moving

any application before the trial Court. Learned advocate thereafter contended that the wife and son of the applicant are residing at Belgium, Europe

and therefore condition Nos.9(c) and 9(d) of the aforesaid order be modified/suspended for a period of six months and learned trial Court be directed

to handover the passport of the applicant so as the enable him to visit Belgium, Europe.

On the other hand, learned APP submitted that considering the facts and circumstances of the present case, this Court may pass an appropriate

order.

Having heard the learned advocates for the parties and having gone through the material produced on record, it is revealed that FIR being

C.R.No.I-46 of 2019 came to be registered with Bharuch City ‘C’ Division Police Station against the present applicant for the offence

punishable under Sections 279, 337, 338 and 304 of the IPC and under Sections 177, 184 and 185 of the Motor Vehicles Act. The applicant is enlarged

on bail by this Court vide order dated 24.06.2019 passed in Criminal Misc. Application No.11014 of 2019 on certain terms and conditions. Condition

Nos. 9(c) of the said order provides that the applicant shall surrender his passport before the concerned trial Court within a period of one week from

the date of passing of the said order and condition No.9(d) provides that the applicant shall not leave India without the prior permission of the

concerned trial Court. It is not in dispute that the applicant has already surrendered his passport before the trial Court. Further, as submitted by learned

advocate for the applicant, it appears that he has filed this application directly before this Court without moving before the trial Court due to current

situation of COVID-19 pandemic. Moreover, wife and son of the applicant are residing at Belgium.

In view of the aforesaid discussion, I am inclined to consider this application. Accordingly, application stands allowed. Condition Nos. 9(c) and 9(d)

of the order dated 24.06.2019 passed in Criminal Misc. Application No.11014 of 2019 are hereby suspended for a period of six months. The learned

trial Court is directed to handover the passport of the applicant on proper verification and on submission of itinerary and tickets by the applicant. The

applicant shall also deposit an amount of Rs.1,00,000/- (Rupees One Lakh Only) before the concerned trial court. The applicant shall surrender the

passport on completion of six months. As and when the applicant surrenders his passport on his return, the amount deposited by the applicant shall be

returned back to him after proper verification. All other conditions shall remain unaltered.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by

Fax or Email forthwith.