Manisha Udaykumar Sarvaiya v. The State Of Maharashtra And ANR.

2024:BHC-AS:11656 Diksha Rane 30.IA.1015-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1015 OF 2024 IN WRIT PETITION NO.5534 OF 2018 MANISHA UDAYKUMAR SARVAIYA ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Shyam Kalyankar for the applicant.

Mr. S. V. Walve, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 11, 2024 P.C. :

1.

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

2.

This is an application for travelling abroad. The applicant has travelled abroad on four occasions in the past and returned back in compliance with the directions of this Court.

3.

The application is opposed by learned APP. It is submitted that if the writ petition is listed for final hearing, the proceedings may be delayed due to the non-availability of the applicant.

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Diksha Rane 30.IA.1015-24.doc 4.

For the reasons mentioned in the application and considering the earlier conduct of the applicant, I am inclined to allow the application.

5.

It is made clear that if the writ petition is listed for final hearing during this period, no adjournment will be sought on the ground that the applicant is travelling.

6.

Learned counsel, on instructions of the applicant, undertakes to abide by the statements made in paragraph 6 of the writ petition.

7.

In this view of the matter, the application is allowed in terms of prayer clauses (a) and (c).

8.

Learned counsel for the applicant submitted that the formal application will be made for withdrawal of the application below Exhibit 32 pending before learned Sessions Judge, during the course of this week. 9.

The applicant shall inform the trial Court upon her returning back to India.

10.

The application is disposed of.

(M. S. KARNIK, J.) 2/2 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 11/03/2024 17:06:35