Dhiraj Vinod Aggarwal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 206 OF 2015 Dhiraj Vinod Aggarwal ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ganesh Sovani i/b Ms. Siddhi Vidya for the Applicant Ms. Rutuja Ambekar, A.P.P for the Respondent-State PSI Mr. N.S. Pawar from NRI Police Station, Navi Mumbai is present CORAM : REVATI MOHITE DERE, J.

THURSDAY, 16TH APRIL, 2015 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. for the State.

2.

By this application, the applicant seeks return of his passport to enable him to travel abroad. It appears that the learned Additional Sessions Judge, Thane, was pleased to enlarge the applicant on bail in the event of his arrest, in connection with C.R. No. I-27 of 2015 registered with the NRI Police Station for the alleged offence punishable under Sections 354 1/3

and 452 of the Indian Penal Code. Vide order dated 26th March, 2015, the learned Additional Sessions Judge while allowing the anticipatory bail application of the applicant, imposed a condition that the applicant shall deposit his passport, if any, with the Investigating Officer till the conclusion of the trial.

3.

The learned Counsel for the applicant submits that the applicant is getting married on 27th April, 2015 and is going to Italy for his honeymoon on 2nd May, 2015 and would be returning back on 18th May, 2015. He has accordingly booked the tickets. 4.

Considering the given facts and for the reasons set out in the application, application is allowed.

5.

The Investigating Officer of the NRI Police Station is directed to return the passport of the applicant forthwith. The applicant to furnish his ticket details to the Investigating Officer and to surrender his passport to the Investigating Officer on his return i.e. on 20th May, 2015. The condition imposed of attendance is waived during this period. 2/3

6.

Application is disposed of accordingly.

7.

The applicant seeks liberty to file a fresh application for return of his passport permanently. Liberty granted. 8.

Parties to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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