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High CourtsSingle Bench(2022) 06 GUJ CK 0012

Miteshbhai Ashwinbhai Patel vs Navin Chouhan, Intelligence Officer, Director Generate General Of Gst Intelligence

Gujarat High Court · Decided on 2 June 2022

HON’BLE JUDGES
Dr. Ashokkumar C. Joshi, J
RESULT
Disposed Of
CASE NUMBER
R/Criminal Misc.Application No. 8929 Of 2022

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Judgment

7 paragraphs · 322 words

Dr. Ashokkumar C. Joshi, J

1.

Rule. Learned advocates waives service of rule on behalf of respective parties.

2.

The present petition has been filed for temporarily suspending condition no.7 imposed vide order dated 13.02.2019 in Criminal Misc. Application No.619 of 2019 and also for direction of handing over the passport to the applicant for travelling Germany and Turkey during the period from 25.05.2022 to 25.07.2022.

3.

After hearing both the sides including Mr. Utkarsh Sharma, learned advocate for respondent no.1, it appears that on four different occasions in the past, the condition of surrendering passport were suspended for limited period and on all those occasions, the petitioner has surrendered his passport within the stipulated time. Therefore, without going into much merits of the case, this Court is inclined to release the passport in his favour till 25.07.2022 on usual terms and conditions.

4.

In the result, the petition is allowed. The condition no.7 imposed vide order dated 13.02.2019 in Criminal Misc. Application No.619 of 2019 shall remain suspended till 25.07.2022 on usual terms and conditions and the trial Court concerned is directed to hand over the passport in favour of the petitioner. It is clarified that before undertaking any foreign travel, the petitioner shall submit the correct and complete itinerary, including his tour programs and copies of tickets, before the concerned trial Court. Since, it has been urged on behalf of the petitioner that an amount of Rs.6,00,000/- is already lying before the trial Court concerned which was deposited in the form of security, the said amount is ordered to be treated as security deposit and no further amount is ordered to be deposited in lieu of security. After completion of the foreign travel, the petitioner shall surrender his passport before the trial Court concerned on or before the stipulated period i.e. 25.07.2022.

5.

With the above direction the petition stands disposed of. Rule is made absolute.

Direct service is permitted.