Chhaya Ashok Kumar Purwar v. The Superintendent Of Police And ANR.

2024:BHC-AS:4537

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.174/2024 IN CRIMINAL APPEAL NO.633/2015 CHHAYA ASHOK KUMAR PURWAR ..APPLICANT VS THE SUPERINTENDENT OF POLICE AND ANR.

..RESPONDENTS ------------ Adv. Muskan H. Shahdadpuri i/b. Adv. Pradeep S. Hingorani for the applicant.

Smt. S. D. Shinde, APP for the State.

Adv. H. S. Venegavkar a/w. Adv. Harsh Dedhia for the respondent no.1.

------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 31, 2024.

P.C. :

1.

Heard learned counsel for the applicant/original accused.

2.

Learned counsel for the respondent no.1 opposed the application.

3.

The appeal is of the year 2015. The applicant was convicted by the Special Judge CBI vide judgment and order dated 8/5/2015 and was sentenced to suffer simple imprisonment for two years for the offence punishable 1/3

under Section 109 of the Indian Penal Code read with Sections 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, 1988 and to pay fine of Rs.50,000/-, in default to suffer simple imprisonment for six months. The sentence is suspended. The applicant is on bail. 4.

This is an application for permitting the applicant to travel abroad for a period of two months from 1/3/2024 to 30/4/2024. During the pendency of the appeal, the applicant on the previous occasion had requested for permission to travel abroad. By an order dated 20/4/2022 in Interim Application No.954/2022 the applicant was permitted to travel to Australia between the period 1/8/2022 and 31/1/2023. The applicant has abided by the conditions. 5.

Though this application is opposed by learned counsel for the respondent no.1, considering the conduct of the applicant as on the previous occasions she has abided by all the conditions while permitting her to travel abroad, I see no impediment to allow this application and for the reasons mentioned in the application.

6.

The application is, accordingly, allowed in the following terms :- 2/3

(a) Interim application is allowed;

(b) The applicant - Chhaya Ashok Kumar Purwar is permitted to travel abroad between the period 1/3/2024 to 30/4/2024. During the said period, the applicant shall stay at the house of her daughter Dr. Jahnvi Pflueger Nee Purwar at the address viz 3A AUGHTON STREET BAYSWATER WA-6053 PERTH AUSTRALIA ;

(c) Before leaving India the applicant shall provide her itinerary and any other addresses where she is likely to visit while being in Australia, well in advance to the Superintendent of Police, CBI, ACB, Mumbai; (d) On returning back to India, the applicant shall attend the ofÏce of Superintendent of Police, CBI, ACB, Mumbai, forthwith and shall mark her attendance.

(e) The interim application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 31/01/2024 12:47:56