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Bombay High CourtWP/497/2015others disposed off

Suresh Kumar Bhuwalka v. The State Of Maharashtra

2015-03-03Hon'Ble Shri Justice M.L. Tahaliyani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 497 OF 2015 Mr. Suresh Kumar Bhuwalka ... Petitioner.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. Amit Desai,Sr. Counsel a/with A. Bagla and Sneha Jain i/by Bagla & Associates for the Petitioner.

Mr. D. R.More, APP for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 03rd MARCH, 2015 P.C. :

Heard learned senior counsel Mr. Amit Desai for the Petitioner and the learned APP Mr. More for the State. The petitioner is accused in crime no. 271 of 2013 registered at M.R.A. Marg Police Station, Mumbai for the offences punishable under sections 120-B, 420, 465, 467, 468, 471 read with section 34 of the Indian Penal Code. The petitioner has been granted bail under section 438 of the Code of Criminal Procedure. One of the conditions imposed by the learned additional Sessions Judge is that the petitioner should not leave India without prior permission of the court. Borey 1/2

spb/ 8wp497-15.sxw The petitioner is an Indian citizen and is a businessman. To my mind, said condition does not serve the purpose of the investigation so long as the petitioner is available for investigation of the pending case. Hence, I modify said condition as under :

The Petitioner shall not leave India without prior intimation in writing to the investigating officer at least 76 hours before the time of his departure.

The writ petition stands disposed of accordingly. (JUDGE) .....

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