← Library
Bombay High CourtWP/756/2019others disposed off

Rajiv Deepak Mata v. The Satate Of Maharashtra

2019-02-13Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.756 OF 2019 Shri Rajiv Deepak Mata ... Petitioner Vs.

The State of Maharashtra ... Respondent Mr.Adwait Bhonde for the Petitioner Mr.A.R. Patil, APP, for the Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: FEBRUARY 13, 2019 P.C.:

1.

The petitioner has filed this petition for return of his passport deposited in the custody of the Investigating Officer and also allow him to travel to United States of America from 20.2.2019 to 2.3.2019 to attend the engagement ceremony of his brother-in-law. 2.

The petitioner is facing prosecution for the offences punishable under sections 406, 409, 420, 468, 471, 477A r/w section 120 of the Indian Penal Code. The learned Counsel for the petitioner submits that the petitioner is a citizen of India and is having a permanent address at Pune. He also owns immovable property.

3.

Learned Prosecutor opposes the petition.

4.

Considered the submissions. Perused the papers. The invitation card is annexed herewith. The petitioner has given the address where the engagement ceremony is going to take place. The petitioner is going out of India for a short period. He has also annexed the proof of his attendance at the police station on various dates. In view of this, the petition is allowed on the following terms:

i) The passport of the petitioner shall be temporarily returned to him by the Investigating Officer; ii) The petitioner is allowed travel to United States of America from 20.2.2019 to 2.3.2019 subject to the petitioner depositing cash surety of Rs.50,000/- before the trial Court; iii) The petitioner shall furnish all his details as to the itinerary, the contact numbers, residential address, etc. in the United States of America during the period from 20.2.2019 to 2.3.2019;

iv) The petitioner, upon his return to India, shall hand over his passport to the Investigating Officer on or before 10.3.2019.

5.

The Writ Petition is disposed of on the above terms. (MRIDULA BHATKAR, J.)