DEEPAKBHAI BABULAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed praying for modification of an order passed by the learned Trial Court, whereby an application made by the applicant for release of his passport as he wanted to go to Australia for the operation of his wife, is granted vide order dtd. 27/2/2023 passed by the Additional District & Sessions Judge, Ahmedabad (Rural), Mirzapur in Criminal Misc. Application No.579 of 2023 and passport is released in favour of the applicant for a period of 6 months and he is directed to deposit Rs.6.00 lakh before the Court.

(2.) Mr. Jit Patel, learned advocate for the applicant submitted that on earlier occasion also when he went to Australia, his passport was released on a condition of depositing Rs.5.00 lakh which was challenged before this Court and this Court has instead of Rs.5.00 lakh directed to deposit Rs.1.00 lakh, and the said application came to be disposed of by the Court and therefore, he has submitted that this time also the order directing him to deposit Rs.6.00 lakh is required to be modified.

(3.) Having heard the learned advocate for the applicant as also going through the orders annexed with the application, it appears, from para-6 of the order, that for the ailment of the wife, what is the diagnoses and what is advised, no documentary evidence pertaining thereto is produced by the applicant. As it is further reflected that after he goes to Australia, he will get the appointment and then only it would be determined and therefore, he has asked for permission to visit the Australia for 6 months. He has further submitted that she is permanent resident of Canada and over there free of cost her medical diagnoses can be done as also the hospitalization but she doesn't want to go there with her other son. If wife is not willing to go to Canada where free of charge her medical treatment can be provided, better option would be to call her here at India which would be much more cheaper than the cost at Australia.