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Bombay High CourtAPPP/204/2017

Subhashchandra Aminechand Bhalwal v. C.B.I., A.C.B. And ANR

2017-03-30Hon'Ble Smt. Justice S.S. Jadhav2 pages

Mhi 1 APPP-204-17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 204 OF 2017 IN CRIMINAL APPLICATION NO. 2204 OF 2010 Subhashchandra Aminechannd Bhalwal ...

Applicant Vs.

C.B.I., A.C.B.Mumbai & Anr. ...

Respondents Mr.Ateet Shirodkar i/b. Mr. Ganesh Gole,Advocate for the applicant. Mr. H.S.Venegaokar for CBI - Respondent No.1. Mr.S.R.Agarkar,APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV, J.

DATE : 30th March, 2017.

P.C.

Heard. This is an application seeking permission to travel to the United States of America (U.S.A.) from 29.6.2017 to 15.7.2017. The applicant herein is an applicant in Criminal Application No. 2204 of 2010, wherein the applicant had prayed for quashing of the FIR and the proceedings pending before the Special Judge at Greater Bombay arising out of FIR No./RC/BA1/2007/A0045 dated 31st December, 2007 registered at C.B.I., A.C.B., Mumbai. The applicant herein is being prosecuted for the offence punishable under Section 120-B read with section 420 of the IPC and under Section.13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Rule has been issued in the mater and the Hon'ble

Mhi 2 APPP-204-17.sxw Single Judge by an order dated 2.8.2010, was pleased to grant ad-interim relief qual the applicant only in terms of prayer clause (d). As far as the applicant is concerned, the matter is stayed. 2.

The applicant had then filed Criminal Application No.13 of 2011 seeking permission to travel to Colombo and Sri Lanka. The said application was allowed by an order dated 17.1.2011. In May, 2011, the application was granted to travel to U.S.A. from 9th May to 31st May, 2011 by the Hon'ble Bench of this Court vide dated 2.5.2011. 3.

The applicant has not committed breach of any conditions imposed upon him. In view of this, the application deserves to be allowed.

O R D E R

(i) The application is allowed.

(ii) The applicant is permitted to travel to the U.S.A. from 29.06.2017 to 15.07.2017.

(iii) The applicant shall furnish Itinerary/Programme to the office of the C.B.I.

(iv) The applicant shall report to the C.B.I.Mumbai after he returns. The application is allowed in the above terms and stands disposed of.

(SMT. SADHANA S.JADHAV, J.)