YUSUFBHAI ISMAILBHAI MOTIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed for the purpose of seeking modification/deletion of conditions contained in paragraph No.6 (f), (g) and (h) at least for a period of two months since the applicant is required to visit USA for the purpose of complying with the conditions attached to the Green Card. It has been stated in the application that two sons of the present applicant are settled down in USA since number of years, particulars whereof are given on oath in paragraph 2 and the applicant is going to stay with his sons at New York, who are doing the business of gold and jewelery. It has been stated before the Court that if the applicant will not be permitted to visit USA, then there will be an adverse effect on applicant's Green Card. Hence, there is a necessity to travel urgently. The applicant has further stated in the application that in past, practically every year, the applicant has visited USA and it is only on account of this criminal case, the modification is required to be sought against the order of grant of bail. It has further been stated that the criminal case is not likely to be over within near future and if by that time, the applicant will not visit, the applicant will have to surrender the Green Card and as such, there is dire necessity of travel to USA by the applicant.

(2.) On receipt of this application, the Court on 03.02.2021 has issued notice and pursuant to it, learned Additional Public Prosecutor Mr. J. K. Shah appearing on behalf of the authority has stated and voiced out some apprehensions through the written instructions dated 04.02.2021 signed by the Police Inspector, Amreli City Police Station that the applicant may not return to India once the permission is granted. But then, as against this apprehension voiced out, learned advocate Mr. Ashish Dagli appearing on behalf of the applicant has submitted that except this criminal case, there are no antecedents of the present applicant and further, he is ready and willing to abide by any of the conditions which may be imposed upon him while permitting the applicant to travel to USA for temporary period. Learned advocate Mr. Dagli has assured on instructions that the applicant is ready and willing to file an undertaking before the trial court within a period of three days that the applicant will return to India on 05.04.2021 and will surrender his passport again to the trial court where the case is pending. The undertaking will also be to the effect that the ownership papers related to residential house and other properties situated in India will be surrendered in the court concerned till the applicant returns to India and in addition thereto, the applicant is also ready and willing to deposit Rs.2.50 Lacs as part of surety. Upon these conditions along with other whatever suitable conditions which may be imposed upon the applicant, he is ready and willing to abide by the same and specifically undertakes before this Court that the applicant will surrender himself by 06.04.2021 and will redeposit the passport in the court concerned.

(3.) To this submission made by learned advocate Mr. Ashish Dagli for the applicant, learned Additional Public Prosecutor Mr. J. K. Shah appearing on behalf of the authority has no much grievance thereafter since the grievance voiced out by the authority is taken care of by such kind of conditions has left it to the discretion of the Court to pass suitable orders in the interest of justice.