ROHIT SINGHAL NARAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant has prayed to quash and set aside the order dtd. 25/1/2022 passed by the learned Addl. City Sessions Judge, Court No.5, Ahmedabad in Criminal Misc. Application No.484 of 2022 whereby the relief sought for by the applicant to modify condition No.2 imposed upon him by the trial Court of surrendering his Passport while releasing him on regular bail came to be rejected.

(2.) Learned advocate for the applicant submitted that as per the allegations made in the impugned FIR, some commercial transactions had taken place between "Shreeji Enterprise" and "Fernas Construction (I) Pvt. Ltd." and allegedly an amount of Rs.89.85 Lacs (rounded off) is shown as recoverable from the applicant. He submitted that the applicant has already resigned from the Company and is now working as an Engineer with a construction company. He is also providing services as an expert in arbitration proceedings. Very often, the applicant has to visit foreign countries for business purposes. He submitted that the applicant has started his own company and has clientele in different countries. Since 2016, on various occasions, the Passport has been released in his favour by the trial Court concerned; however, on account of the lengthy process of getting Passport and Visa coupled with the urgency of business travel, it becomes inconvenient for the applicant to apply for Passport and secure Visa within a reasonable period. It was, therefore, prayed that the present application may be allowed and his

(3.) Learned APP submitted that the applicant is an accused in an offence under Sec. 406 and 420 of IPC and trial is under progress and therefore, no discretion may be exercised in favour of the applicant by releasing the Passport on permanent basis.