YUSUFBHAI ISMAILBHAI MOTIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, the applicant- original accused has requested for modification/ deletion of condition No.6(f), (g) and (h) for a period of six months on the premise that the applicant's entire family is residing in United States of America (USA) since number of years at the address which is mentioned in para 2 of the application. The applicant is also frequently visiting USA for business purpose right from 2012 and has always returned back on the lapse of the period. Currently, on account of health issue, the applicant is required to visit USA for his treatment and since the family is residing there, the applicant would like to take treatment in presence of his family members and as such, has requested for some reasonable period to suspend the conditions which are engrafted in the original order. To substantiate his request, the applicant has attached to the application the order dtd. 6/11/2020 as well as previous order when the applicant was permitted to move, i.e. order dtd. 5/2/2021, and with respect to the health issue, a communication is also attached on page 42 and considering the aforesaid circumstance, the applicant has requested to temporarily modify the order or suspend the conditions as prayed for in the application.

(2.) Learned advocate Mr. Ashish M. Dagli after drawing the attention of the Court to the relevant circumstances, as stated hereinabove, has submitted that on previous occasion, when this Hon'ble Court was kind enough to permit the applicant to visit USA by virtue of order dtd. 5/2/2021, certain conditions have been imposed upon the applicant, which the applicant has scrupulously been observed and complied with and came back within the time stipulated by the Court and therefore, requested that on account of medical exigency, since the family is abroad, the applicant may be allowed to visit USA at least for a period of few months as prayed for.

(3.) As against the aforesaid submissions, learned Additional Public Prosecutor Ms. Nisha M. Thakore appearing on behalf of the respondent- State has submitted that no-doubt the applicant on previous occasion went abroad upon some conditions, but at present, the period may be reasonable since there are litigation pending against the applicant-accused and has further submitted that appropriate conditions be imposed upon the applicnat as has been imposed in the previous order as well and has left to the discretion of the Court.