SIKANDAR HASAN MOHMED PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pradip D. Bhate, learned Additional Public Prosecutor waives the service of notice of admission on behalf of the respondent No. 1.

(2.) PRESENT application is filed by the applicant - original petitioner for appropriate order to modify judgement and order dd. 19/7/2007 passed by this Court in Special Criminal Application No. 1290 of 2007, whereby the applicant was directed to deposit Rs. 7,50,000 with the court of learned Judicial Magistrate, First Class, Jambusar enabling the applicant to go to abroad and on that condition passport in favour of the applicant was released. It is also further prayed for an appropriate order to discharge Abbas Abdullah Patel, brother-in-law of the applicant from the undertaking filed by him whereby he had undertaken that if the applicant will not return from Saudi Arebia, Abbas Abdullah Patel will face the consequences of the final outcome of the proceedings before the Courts below.

(3.) IT is reported by Mr. S. M. Sojatwala, learned advocate appearing on behalf of Mr. B. T. Rao, learned advocate for the applicant that the applicant has already returned to India and even has already surrendered his passport being passport No. E-2548751 before the learned Judicial Magistrate, First Class, Jambusar on 11/8/2008 and the same is taken in custody by the trial court. He has produced on record certified copy of the pursis as well as endorsement made by the trial court as well as Registrar of the Civil Court, Jambusar taking the aforesaid passport in his custody.