Gujarat High Court
Nishant Tulsidas Parmar vs State Of Gujarat on 7 October, 2021
Bench: A.Y. Kogje
R/SCR.A/2941/2021 ORDER DATED: 07/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2941 of 2021
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NISHANT TULSIDAS PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR HEMANT MAKWANA(3622) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 07/10/2021
ORAL ORDER
1. The present petition is filed for modifying /deleting
condition Nos.(g) and (f) of order dated 22.01.2020 passed by the
Sessions Judge, Mahesana in Criminal Misc.Application No.91 of
2020. By the said order, the applicant was enlarged on
anticipatory bail in connection with I-CR No.130 of 2015 registered
with Mahesana City "B" Division Police Station for offences under
Sections 498(A), 406 and 420 of the Indian Penal Code and
Sections 3 and 7 of the Dowry Prohibition Act. The said conditions
read as under:-
"(f) The applicant shall not leave the territorial
jurisdiction of the State of Gujarat without prior
permission of this Court.
(g) The applicant shall deposit his passport, if any
held by him, or shall furnish his affidavit
regarding non-holding of passport by him."
2. Learned Advocate for the petitioner submitted that in
R/SCR.A/2941/2021 ORDER DATED: 07/10/2021
compliance of the aforesaid condition, the petitioner has
surrendered his passport before the trial Court. It is submitted
that the offence is of 2015, where the petitioner is granted
anticipatory bail. The petitioner is complying with each and every
condition of bail without any breach reported so far.
2.1 Learned Advocate for the petitioner submitted that the
petitioner is holding British passport from 2018 and the said is
valid till 2028. It is submitted that the petitioner is having job in a
Bank in London and therefore, he is required to immediately join
his duties.
2.2 It is submitted that two co-accused of the case have
been acquitted by Chief Judicial Magistrate, Mahesana by
judgment and order dated 27.04.2018 in Criminal Case No.7367 of
2015.
2.3 It is submitted that the petitioner had approached trial
Court for modifying the aforesaid condition. However, the said
application was rejected by order dated 09.11.2019. Against this
order, the petitioner had preferred Criminal Revision Application
No.87 of 2020, which too came to be rejected by Sessions Judge,
Mahesana by order dated 19.12.2020.
2.4 It is submitted that the Bank of the petitioner has
invited him to resume his duties after lockdown and pandemic
situation. It is submitted that the petitioner is ready and willing to
R/SCR.A/2941/2021 ORDER DATED: 07/10/2021
comply with each and every condition and shall also remain present
before as and when required by the trial Court.
3. Learned APP opposed the petition submitting that the
conditions imposed are just and proper and no modification
/deletion is required.
4. Having heard learned Advocates for the parties and
having perused the documents on record, it appears that in
compliance of the aforesaid condition, the petitioner has
surrendered his passport before the trial Court. The offence is of
2015, where the petitioner is granted anticipatory bail. The
petitioner is complying with each and every condition of bail
without any breach reported so far. The petitioner is holding
British passport from 2018 and the said is valid till 2028. The
petitioner is having job in a Bank in London and therefore, he is
required to immediately join his duties. As submitted by learned
Advocate for the petitioner, the Bank of the petitioner has invited
him to resume his duties after lockdown and pandemic situation.
The petitioner is also ready and willing to comply with each and
every condition and shall also remain present before as and when
required by the trial Court.
5. It also appears from the record that two co-accused of
the case have been acquitted by Chief Judicial Magistrate,
Mahesana by judgment and order dated 27.04.2018 in Criminal
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Case No.7367 of 2015.
6. In view of the aforesaid, the petition is allowed.
Condition Nos.(g) and (f) of order dated 22.01.2020 passed by the
Sessions Judge, Mahesana in Criminal Misc.Application No.91 of
2020 are hereby ordered to be deleted. It is directed that passport
of the petitioner be returned to him after due verification. In lieu,
following conditions are imposed:-
I. The petitioner shall remain present before the
trial Court every year in the month of January till
completion of trial and shall file an undertaking to
this effect before the trial Court within a week
from today.
II. The petitioner shall also remain present before
the trial Court as and when required by the trial
Court.
7. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J)
SHITOLE
