MANJULABEN HASMUKHBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor Mr. J.K. Shah waives service of Rule for and on behalf of the respondent- State.

(2.) By way of this application under Section 439(1)(b) of the Code of Criminal Procedure, the applicant has requested the Court to modify the condition for a temporary period of approximately six months for the reasons stated in the application and thereby requested that the condition No.8(f) contained in the order dated 19.6.2020 passed in Criminal Misc. Application No.8314 of 2020 be suspended.

(3.) Learned advocate Mr. Padmraj K. Jadeja for the applicant has submitted that the applicant is inclined go to a place where a grandchild has been born prior one and half year at Denmark and has submitted that maximum period of VISA is being provided of 89 days only. The documents with regard to birth of the grandchild and the passport thereof are produced along with the application. Mr. Jadeja has further submitted that since now the flights are operative for destination of Denmark, the applicant would like to visit the grandchild. It has been submitted that for this purpose, the applicant is ready and willing to give a cash security as well as would like to file an undertaking that after lapse of VISA period, she will return back and surrender the passport as per the requirement since criminal case is pending. It has further been submitted that the criminal case in which her role is not of that much serious, on the contrary there are several other accused persons and looking to the volume of the case, in the charge-sheet, there are as many as 79 witnesses cited and therefore, the trial is not going to be concluded within near future, so granting of temporary leave to travel for Denmark would not prejudicially affect the case of prosecution in any manner and as such, has requested that the condition No.8(f) of the order be suspended for a reasonable period. It has been submitted that though Denmark is giving VISA for a period of 89 days only, the process to get VISA will take minimum one month and therefore, some reasonable period be provided, so that the applicant after one and half years is in a position to see her grandchild.