Mosin Khan Jamal Khan v. The State Of Maharashtra

902.appa345.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 345 OF 2019 IN CRIMINAL APPEAL NO. 368 OF 2019 Mohsin Jamal Khan.

..Applicant.

V/s.

The State of Maharashtra.

..Respondent.

Mr. B.B. Tiwari I/b. BBT Legal, advocate for applicant. Mr. D.P. Singh, advocate for respondent.

Mr. S.S. Pednekar, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : MARCH 28, 2019.

P. C. :

Heard the learned Counsel for the applicant and the learned APP for State.

This is an application seeking permission to travel abroad during the pendency of the criminal appeal. The applicant desires to go for Umrah Pilgrimage. At the threshold, the learned Counsel for the applicant upon instructions has submitted that he would not press for permission to travel to China, Muscat and UAE and is restricting his prayer for going to Umrah Pilgrimage. The learned Counsel for the respondent No. 2 has no objection to the same, since the visit is for pilgrimage. In view of this, the application deserves to be allowed. Talwalkar

902.appa345.19.doc The application is allowed in terms of prayer clause (a) and to the effect that the applicant is granted permission to travel to Umrah Pilgrimage during the period between 1st May, 2019 to 1st June, 2019. The applicant shall mark his presence before the Sessions Court at Sewree on 7/6/2019 and thereafter, continue to mark his presence before the Sessions Court at Sewree once in 6 months on the date assigned by the learned Sessions Court, Sewree. Upon failure to attend two consecutive dates, the Sessions Court shall report to the High Court and the prosecution would be at liberty to seek cancellation of bail. The application is disposed of accordingly.

[SMT. SADHANA S. JADHAV, J.] Talwalkar