ANIL SHANTILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Learned advocate Shri Asim Pandya for H.L. Patel, advocate and learned A.P.P. Mr. Dipen Desai for the State.

(2.) The prayer made in this petition is for quashing the order dated 20.2.2007 passed by the learned Additional Sessions Judge, Kheda at Nadiad below Exhibit 159 application in Sessions Case No.238 of 2003.

(3.) The petitioner is facing criminal prosecution in Sessions Case No.238 of 2003 alleging offences punishable under Sections 143, 147, 148, 149, 307, 435, 436, 337 of Indian Penal Code. During the pendency of the criminal trial, the petitioner desired to obtain a passport and according to him, his immigration file has been processed. If the passport is not given soon he will miss an opportunity to receive Visa. He had therefore, applied before the learned Sessions Judge by an application dated 6.1.2007, and prayed that he may be permitted to obtain a passport on suitable terms and conditions. This application, however, came to be rejected by the learned Judge by impugned order dated 20.2.2007. The petitioner possessed a passport which he surrendered as a condition of bail. This passport expired and petitioner, therefore, requires fresh passport.