JAY HARISHKUMAR SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner has challenged the order dated 7th September 2009 passed by the learned District and Sessions Judge, Kheda in Criminal Appeal No.57/09. The petitioner was one of the accused in Criminal Case No.2728/03 for offences punishable under sections 420, 467, 471, 477 and 120(B) of the Indian Penal Code. In the said criminal case, he was acquitted by judgment dated 22.5.07. During the pendency of the criminal proceedings, he was granted bail on condition that he should surrender his passport which he had done. Upon his acquittal, he applied before the learned Magistrate for release of the passport. The same was, however, not entertained. The petitioner then filed revision application before the Sessions Court and thereafter writ before this High Court. He then withdrew the writ petition for filing appeal before the Sessions Court. On the said appeal the impugned order came to be passed.

(2.) Learned counsel for the petitioner pointed out that after his acquittal in May 2007, so far no proper appeal has been filed by the State. He pointed out that initially appeal was filed before the High Court. However, the High Court was of the opinion that the appeal would be maintainable before the Sessions Court. Learned APP under instructions stated that so far no appeal has been filed.

(3.) In view of the acquittal of the petitioner way back in the year 2007 and in view of the fact that so far no appeal has been filed by the State before the competent court, I do not find that the passport of the petitioner can be withheld any longer. It is stated that the petitioner requires the passport for appearing in response to a Visa call. Under the circumstances, passport of the petitioner shall be released by the learned Magistrate. With this direction, the impugned orders are set aside. Rule is made absolute accordingly.