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Patel Dineshbhai Hargovadas & vs State Of Gujarat on 4 April, 2017

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
8124 of 2017

PATEL DINESHBHAI HARGOVADAS 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR PRATIK B BAROT, ADVOCATE for the Applicant(s) No. 1 – 2
MR RONAK RAVAL, LD. APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

Date : 04/04/2017

ORAL ORDER

In the facts and circumstances of the case,
Rule, returnable forthwith. Learned Additional Public
Prosecutor Mr.Ronak Raval waives service of notice of
Rule on behalf of the respondent-State. The
application was taken up for final consideration
today.

2. The applicants have prayed to modify order
dated 22nd March, 2017 passed by learned 2nd Additional
Sessions Judge, Mehsana at Visnagar in Criminal
Miscellaneous Application No.90 of 2017 and thereby to
extend the permission to the applicants to leave India
for a period from 15th April, 2017 to 15th July,2017.

3. The applicants are husband and wife, facing
criminal case pursuant to the First Information Report

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R/CR.MA/8124/2017 ORDER

bearing Crime Register No.I-34 of 2015 registered with
Unjha Police Station in respect of the alleged
offences punishable under Sections 306, 498A and 114
of the Indian Penal Code, 1860. The applicant No.1-
husband was granted regular bail by order dated 06th
November, 2015 passed in Criminal Miscellaneous
Application No.321 of 2015 by learned 2nd Additional
District Judge, Mehsana at Visnagar. Condition No.(b)
of the said order required the applicant-applicant
No.1 herein to deposit his passport before the
investigating officer. Condition No.(c) provided that
the applicant shall not leave the State of Gujarat
without prior permission of the court concerned.
Similarly, applicant No.2-wife was allowed
anticipatory bail as per order dated 06th November,
2015 by learned 3rd Additional District Judge, Mehsana
at Visnagar in Criminal Miscellaneous Application
No.322 of 2015. In the said order also, condition
Nos.3 and 4 respectively required that the applicant-
applicant No.2 herein, shall not leave the State of
Gujarat without prior permission of the court
concerned and shall deposit the passport.

3.1 In this application, the applicants have
prayed to permit them to travel to United States of
America. It is submitted in the application that for
the purpose of renewal of Green Card which the
applicants are holding, it is necessary for the
applicants to travel to U.S.A., else they will not be
able to renew their Green Card. It was stated that
real daughter of the applicants is in U.S.A. It is
submitted that the applicants are not the persons who

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R/CR.MA/8124/2017 ORDER

would flee away and not return back. It was submitted
that in past also on several occasions, they had
travelled with permission and came back in time.
Attention was drawn to order dated 28th March, 2016
passed by learned 2nd Additional Sessions Judge,
Mehsana at Visnagar, which allowed the applicants to
go to abroad by releasing their passport for a period
from 01st April, 2016 to 30th June, 2016. It was
further pointed out from the averments and submissions
that applicants are having large number of properties
and further that they are ready to abide by any
conditions which may be imposed by the court.

3.2 It was submitted that the Sessions Court
considered the prayer and allowed the applicants to go
to U.S.A. Only for a period of one month which is too
insufficient a period since, time would be consumed
also in getting visa clearance and that since the
daughter of the applicants is in U.S.A., the
applicants would desirous to stay over there with
their daughter for some time.

4. Learned advocate Mr.Pratik Barot submitted
that the offence alleges is under Section 306, IPC,
which is a sessions triable offence. He further
submitted that charge is already framed. He in the
context of such facts, relied on decision of the
Supreme Court in case of WU Chuaannan v State of
Chhattisgarh [(2015) 13 SCC 119] wherein the Supreme
Court granted permission to travel abroad to the
appellant who was facing offence inter alia under
Section 304 which was also sessions triable and in

that case even charge was not framed. It was a
submission therefore of the learned advocate for the
applicants that if the permission is granted, interest
of trial would not be jeopardize, further that the
applicants would return before the expiry of the
period which may be permitted.

4.1 On the other hand, learned Additional Public
Prosecutor submitted that interest of proceedings at
the trial has to be kept in mind. He opposed the
prayer and further submitted that period of three
months is too long as the only purpose is to get the
Green Card renewed.

4.2 Learned advocate for the applicants
submitted that though in the prayer permission is
asked for, for the period from 15th April, 2017 to 15th
July, 2017, in order to enable the applicants to
undertake the process of visa clearance, if the Court
is so inclined, permission may be allowed for the
period from 07th April, 2017 to 07th July, 2017.

5. Considering the facts and circumstances of
the case, more particularly the aspect that the
applicants had earlier been permitted to travel and
have good track record returning in time to this
country, further with cause shown which is of renewal
of Green Card and to go to meet their daughter who is
in U.S.A., cannot be said to be ingenuine, the prayer
deserves to be considered. The learned Sessions Court
granted only one month’s period which could be
extended for three months. However while granting

permission to applicants to travel abroad for three
months, additional condition of not transferring their
immovable properties is required to be imposed. In
ground (B) the applicants have given details of the
properties they are owning at their native place and
extract of Form No.6 and Form No.7/12 are placed on
record.

6. In light of what is stated hereinabove, this
application is allowed by allowing the applicants to
leave the country to go to U.S.A. any time between 07th
April, 2017 to 07th July, 2017, further directing that
the applicants shall have to return back to India on
or before 07th July, 2017. The conditions of not
leaving the country and depositing of passport imposed
on applicant Nos.1 and 2 respectively as per the
aforesaid orders passed in Criminal Miscellaneous
Application No.321 of 2015 and Criminal Miscellaneous
Application No.322 of 2015 respectively shall stand
suspended for the aforesaid period.

6.1 The order of the learned 2nd Additional
Sessions Judge, Mehsana at Visnagar dated 22nd March,
2017 in Criminal Miscellaneous Application No.90 of
2017 shall stand modified to the aforesaid extent with
clarification that all the conditions imposed by the
learned Sessions Judge in the said order shall form
part of the present order and the applicants shall
abide by those conditions, with further condition that
they will not transfer their any of the immovable
property situated at their native place referred to in
the memorandum of present application.

         6.2        An undertaking to the effect that they will

not transfer the properties and further that they will
abide by the other conditions as imposed, shall be
filed before this Court within a period of one week
from today.

7. Rule is made absolute to the aforesaid
extent.

Direct service is permitted, today.

(N.V.ANJARIA, J.)
Anup

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