ROHITBHAI MANEKLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Ms. Janki V. Jadeja , learned advocate for the applicant states that the prayer is made for relaxing the condition as laid down in the order dtd. 11/4/2023 and thus, prayed to quash and set aside the order dtd. 11/4/2023 passed by the learned Additional Sessions Judge, City Civil and Sessions Court at Ahmedabad in Criminal Misc. Application no.2787 of 2023 with a further prayer to issue direction to the learned Chief Judicial Magistrate, Ahmedabad to release the passport of the applicant being passport no.546754312, Type-P, USA for a period of six months and to permit the applicant to travel to USA.

(2.) Ms. Jadeja, learned advocate for the applicant submits that the FIR bearing CR no.I-05/2011 registered with Gandhinagar Zone, GIDC Crime Police Station was filed against the applicant under Ss. 406 , 409 , 420 , 465 , 467 , 468 , 471 , 477(A) and 120(b) of the IPC as well as Sec. 46 of the Banking Regulation Act and the charge has yet not been framed and many accused are absconding and few of them have preferred consent quashing of the FIR.

(3.) Learned advocate submits that the applicant is aged about 82 years and is citizen of USA and is holding passport. He is suffering from various ailments like blood pressure, diabetes and other heart ailments and he proposes to have treatment and medication in USA and would also want to have follow up of the treatment. Advocate Ms. Jadeja states that the applicant was a sleeping partner and has no active involvement in the alleged offence. She states that a prayer was made before the Trial Court for releasing passport so that the applicant could visit USA for his treatment, but the same was rejected.