MANSUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocates waive service of notice of rule for the respective respondents.

(2.) By way of the present application the applicant has prayed to quash and set aside the order dtd. 2/6/2025 passed by the learned 4th Additional Sessions Judge, Gandhinagar at Kalol in Criminal Misc. Application No. 167 of 2025 (Annexure-L), whereby the said application came to be rejected, and to further permit the applicant to visit Canada for the purpose of obtaining permanent residency (P.R.) and to direct temporary release of the applicant's passport.

(3.) Learned advocate for the applicant submits that against the present applicant, a complaint being C.R. No. 11216022230049 of 2023 has been registered with Kalol Taluka Police Station for the offences punishable under Ss. 394, 395, 397, 120B, 506(2) and 114 of the Indian Penal Code, as well as Sec. 135 of the Gujarat Police Act. It further submits that the applicant was initially granted anticipatory bail in Criminal Misc. Application No. 70 of 2023 vide order dtd. 6/2/2023. However, on account of his failure to comply with Condition No. 2(D) imposed therein, the application for releasing passport filed by the applicant came to be rejected. Thereafter, the applicant preferred Criminal Misc. Application No. 2572 of 2025 before this Court seeking anticipatory bail, which came to be allowed vide order dtd. 5/2/2025. At present, the applicant seeks permission to travel to Canada for the purpose of obtaining Permanent Residency (P.R.) and has prayed for release of his passport for a period of 180 days.