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Judgment
Honourable Mr. Justice M.R. Shah
Rule. Shri Dabhi, learned APP waives service of notice of Rule on behalf of the respondent State. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the application is taken up for final hearing today.
Present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner-original accused to quash and set aside the impugned order dated 17.5.2011 passed by the learned Additional Sessions Judge, Vadodara passed below Exh.1(modification of bail condition) in Criminal Miscellaneous Application No. 822 of 2011 by which the application submitted by the petitioner-original accused permitting the petitioner to stay abroad upto 30th August 2011 has been rejected.
Shri P.P. Majmudar, learned advocate for the petitioner has vehemently submitted that as such there are in all three cases against the petitioner and in two cases the permission has been granted by this Court and/ or by the learned trial Court permitting the petitioner to go abroad upto 30th August 2011/ 20.9.2011. Therefore, it is requested to consider the case of the petitioner and permit the petitioner to stay abroad at least upto 30th August 2011. Shri P.P. Majmudar, learned advocate for the petitioner has stated at the Bar under the instructions from the petitioner that the petitioner shall not ask for any further extension and return to India on or before date that may be extended by this Court.
Shri Dabhi, learned APP has requested to pass appropriate order considering the aforesaid two orders.
Having heard learned advocates for the respective parties and considering the fact that in other two cases this Court and / or learned trial Court has permitted the petitioner to go abroad upto 30.8.2011/ 20.9.2011, in the facts and circumstances of the case, the petitioner may be permitted to stay abroad upto 30th August 22011 as prayed for. As recorded hereinabove, Shri Majmudar, learned advocate for the petitioner has submitted that petitioner shall not ask for any further extension and that he will return to India on or before 30th August 2011.
In view of the above and considering the aforesaid two orders, present application is allowed and impugned order passed by the Additional Sessions Judge, Vadodara passed below Exh.1(modification of bail condition) in Criminal Miscellaneous Application No. 822 of 2011 is hereby quashed and set aside and applicant is permitted to stay abroad upto 30th August 2011. The applicant to return India on or before 30th August 2011. As agreed by Shri P. P. Majmudar, learned advocate for the petitioner, petitioner shall not ask for any further extension. Rule is made absolute to the aforesaid extent. No costs. Direct service is permitted.