Neelam Narayan Bansode v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.246 OF 2018 IN CRIMINAL APPEAL NO.807 OF 2015 Neelam Narayan Bansode ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents .....

Mr.Aniket Vagal, Advocate for the Applicant in APPA/246/2018. Mr.Vinay J. Bhanushali, Advocate for the Original Appellant in APEAL/807/2015.

Mr.Prashant Jadhav, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 28th FEBRUARY 2018.

P.C. :

This is an application by the acquitted accused for permission to travel to London, United Kingdom for 45 days from 6th April 2018 to 20th May 2018.

Heard the learned Advocate for the applicant/Original respondent No.2/accused as well as the learned Advocate appearing for the appellant/First Informant. I also heard the 1/3

learned Additional Public Prosecutor, who stated that the applicant be directed to deposit the amount for going abroad. The applicant, who was original accused No.2 was prosecuted for offences punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. She along with co-accused came to be acquitted of alleged offences. The State has not filed any appeal challenging that acquittal. The appeal is at the behest of the First Informant. The applicant is a public servant who worked as Assistant Director of Public Health. She wants to visit her son, who is posted at United Kingdom and she is also desirous to meet her grandson, who is aged about five and half years.

The applicant is a retired Public Servant. She is entitled for pensionary benefits. As such, in my considered opinion, there is no likelihood of the applicant absconding the State. No circumstances to that effect are indicated. Therefore, I see no reason to refuse the relief claimed in the instant application particularly, when the applicant is acquitted by the learned trial Court of alleged offences. Therefore, the Order. (i) The application is allowed.

(ii) The applicant is permitted to travel to London, United Kingdom for a period of 45 days from 6th April 2018 to 20th May 2018.

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(iii) The applicant should inform her true itinerary to the Registry of this Court and as well as her residential address in the foreign country and her contact number. (iv) The application is disposed of accordingly. (A.M.BADAR J.) 3/3