1. Rule. Mr.R.C.Kodekar, learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. By way of present application, applicant has prayed for the following main reliefs:-

(A) Your Lordship may be pleased to call for record and proceeding of Criminal Misc. Application No.341 of 2022 from the Court of learned Additional Sessions Judge, Anand, and after hearing the parties and after perusal of the record be pleased to set aside the order passed by the learned Additional Sessions Judge, Anand in Criminal Misc. Application No. 341 of 2022 and be pleased to order to release and return the passport No.E6483079 deposited before the Judicial Magistrate First Class, Borsad as per order passed by learned 4 th Additional Sessions Judge, Anand in Criminal Misc. Application No. 1191 of 2016 dated 28.12.2016.

3. Having heard learned advocate for the applicant as well as averments made in the present application, it appears that FIR was registered with Borsad Town Police Station being I-C.R. No.109 of 2016 for the offence punishable u/s. 395, 397, 354, 504, 506(2) of the IPC and Section 135 of the G.P.Act. Subsequently, present applicant has filed an application under Section 439 of Cr.P.C being Criminal Misc. Application No. 1191 of 2016. After hearing the parties, learned 4th (Ad-hoc) Additional Sessions Judge, Anand has enlarged the applicant on regular bail vide order dated 28th December, 2016. Subsequently, trial was conducted and the present applicant was convicted for 5 years. The order of conviction is also challenged before this Court and after hearing the suspension of sentence application being Criminal Misc. Application No. 1 of 2021 in Criminal Appeal No. 1965 of 2021, this Court was pleased to suspend the sentence with certain conditions, wherein, condition No.(c) is imposed that “shall not leave the State of Gujarat without prior permission of this Court”. In earlier order one of the condition was imposed at the time of releasing the applicant on regular bail and in that connection, he had to surrender his passport before the trial Court within a period of 7 days and at that time, this very condition was obeyed by the present applicant. Now, no case is pending before the learned Magistrate as well as learned Sessions Court and appeal against the order of conviction is pending before this Court, therefore, there is no need to retain the passport of the applicant by the trial Court.

4. Considering the aforesaid fact, present application stands allowed and as there is no proceeding is pending before the learned Magistrate as well as learned Sessions Court, it deems not fit to retain passport of the applicant in the custody of the trial Court and accordingly, order dated 5th April, 2022 passed in Criminal Misc. Application No. 341 of 2022 passed by learned Additional Sessions Judge, Anand stands quashed and set aside and learned trial Court is hereby ordered to release the passport of the applicant by following necessary procedure.

5. Rule is made absolute to the aforesaid extent.