HARGOVINDDAS MATHURBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP waives service.

(2.) ONLY short issue raised in this petition is as to whether after acquittal the passport of the petitioners can be detained by the trial court.

(3.) THUS it is noticed from record that, in fact, such an order under Section 437A of Cr.P.C. was made and the petitioners have complied with the same. Thus appropriate provision have been made under the Code itself for securing presence of the person who was tried either by the trial court or appellate court. No provision is made under the law authorising retention of a document post acquittal, by the trial court. Therefore the trial court had no authority to retain the passport of the petitioners.