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Judgment
Veena Birbal, J.
Crl. M.A. 19422/2013 (exemption),
Allowed, subject to just exceptions. Crl. Rev. P. 761/2013
Notice.
Learned APP for State accepts notice.
Learned counsel for complainant is also present and accepts notice. By way of this petition, challenge has been made to order dated 14.12.2013 passed by learned ASJ, Delhi, whereby the application of the petitioner for modification of bail order dated 30.04.2013 i.e. for release of his passport from 01.12.2013 to 15.02.2014 has been rejected.
I have heard counsel for the parties and have gone through the impugned order.
Learned counsel for the petitioner submits'' that there are no arrears of maintenance and same has been wrongly mentioned in the impugned order. It is stated that petitioner has to travel to USA and Singapore and in that connection requires his passport and he will come back on 15.02.2014 and thereafter, the petitioner will re-deposit the passport with the I.O.
Learned counsel for complainant submits that though there are no arrears of maintenance, however, the litigation relating to marriage of parties is going on, as such has opposed the request of petitioner for release of passport. However, after some arguments, it is stated that if the interest of the complainant is secured, he has no objection for acceding to the request of the petitioner.
After some arguments, the petitioner has agreed to deposit Rs. 7,50,000/- by way of demand draft in favour of Registrar, with the Registry of this Court to secure the interest of the respondent. In view of above submissions made, subject to deposit of Rs. 7,50,000/- with the Registrar General of this Court within two days, the I.O. shall release the passport to the petitioner. The amount be deposited by way of demand draft. If the petitioner comes back by 28.02.2014 and re-deposits the passport with the I.O. by then, in that event, the amount so deposited shall be released to him. If the petitioner does not come back by 28.02.2014, the aforesaid amount shall be released to the complainant. The impugned order stands modified accordingly.
The petition stands disposed of.
Copy of order be given dasti under the signatures of Court master.
