Ashok Kumar Chaudhary And ANR v. CBI Acb Mumbai And ANR.

rpa 1/3 12 ia 698 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.698 OF 2021 IN CRIMINAL APPEAL NO.1568 OF 2019 1) Ashok Kumar Choudhary; and 2) Mitali Choudhary .. Applicant/ Appellant

Versus

1) CBI ACB Mumbai; and 2) State of Maharashtra .. Respondents ......

Mr.V.N. Singanapurkar i/b. Mr.H.N. Associates, Advocate for the Applicants/Appellants.

Mr.H.S. Venegaonkar, Spl. P.P. for Respondent No.1-CBI ACB Mumbai.

Mr.Arfan Sait, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.01.15 11:56:58 +0530 DATED :

JANUARY 12, 2022.

RAJESHRI PRAKASH AHER P.C. :

Applicants are seeking permission to travel abroad from 1st May, 2022 to 31st August, 2022, to meet their son who is residing in Cannara, USA and daughter residing at Toronto, Canada.

rpa 2/3 12 ia 698 2021.doc Learned counsel for the applicants submitted that in the past the trial Court had permitted them to travel abroad. They have complied the order and returned to India. The son and daughter of the applicants are residing abroad. Learned counsel for the respondents submitted that the applicants are convicted for the ofences under the Prevention of Corruption Act and under Section 109 of IPC. Appeal is pending in this Court and the applicants should be available for undergoing the sentence, in the event, the Appeal is dismissed.

Applicants are aged about 74 and 65 years. The Appeal challenging the judgment of conviction dated 8th November, 2019, has been admitted by this Court and the sentence of imprisonment has been suspended. Trial Court had permitted them to travel abroad during the pendency of trial and they have complied the said order and returned to India. Considering the factual aspects, this application can be allowed.

rpa 3/3 12 ia 698 2021.doc Hence, I pass the following order:

:: O R D E R ::

(i) Interim Application No.698 of 2021, is allowed; (ii) Applicants are permitted to travel abroad from 1st May, 2022 to 31st August, 2022, to meet their son Dr.Rajeev Choudhary, residing at Cannara, USA and daughter Ms.Priyanka Choudhary, residing at Toronto, Canada; (iii) On returning to India, the applicant shall intimate about his return to respondent no.1;

(iv) Applicant shall furnish the details about their travel to respondent no.1 alongwith their contact numbers, coloured xerox of their Passport to respondent no.1, before travelling abroad;

(v) Interim Application No.698 of 2021, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)