Kanhaiyalal Laxmandas Adnani v. Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 323 OF 2016 IN CRIMINAL APPEAL NO. 547 OF 2014 Kanaiyalal Lachmandas Adnani.

... Applicant.

Versus

Union of India & anr.

... Respondents.

--- Mr. Prasanna Bhangale i/b. Mr. Niranjan Mundargi, advocate for Applicant.

Mr. S.K. Shinde a/w. Mr. Y.M. Nakhwa, for respondent No. 1. Mr. S.S. Pednekar, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : MAY 5, 2016 P.C.:

This is an application seeking liberty to depart from India and travel to New York. The learned Counsel for the applicant submits that his daughter Rekharani Panjabi resides at New York. The applicant is senior citizen, who is about 78 years old and desires to visit his daughter. He desires to travel to New York in third week of 1/3

June, 2016. Visa has been issued to him on 25th April, 2016, which would remain in force till 21st April, 2026.

The learned Counsel appearing for the respondent No. 1 submits that the applicant herein has been convicted for the offence punishable under Section 419, 420, 467, 468 and 471 of the Indian Penal Code and has been sentenced to pay fine of Rs. 40 Lakhs. In view of the order dated 10th July, 2014 passed by this Court (Coram : Mrs. Mridula Bhatkar, J), the applicant has paid Rs. 20 Lakhs and has furnished bank guarantee to the extent of the remainder amount of Rs. 20 Lakhs.

The reasons to travel appears to be genuine. The permission can be granted subject to certain conditions. The learned Counsel for the applicant upon instructions submits that the applicant would return to India on or before 16th August, 2016.

Hence following order is passed :

2/3

ORDER

(i) The application is allowed.

(ii) The applicant herein is at liberty to travel to New York in third week of June, 2016 and reside there till 10th August, 2016. (iii) Before departing he shall furnish to the authorities the itinerary of his schedule.

(iv) He shall furnish a photo copy of the passport and Visa to the concerned authority.

(v) The applicant shall furnish the address of the place where he would be residing, contact numbers, cell phone number of his daughter.

(vi) The applicant shall report before the office of the respondent No. 1 on 18/8/2016.

The application stands disposed of accordingly. The parties to act on the authenticated copy of this order. (SMT. SADHANA S. JADHAV,J) 3/3