Janzeb Amir Kamal Khan @ Guddu Pathan v. The State Of Maharashtra

Tandle 7-IA-1237-2020 in Appeal-1530-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1237 OF 2020 IN CRIMINAL APPEAL NO. 1530 OF 2018 Janzeb Amir Kamal Khan @ Guddu Pathan ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Mr. B. B. Tiwari i/b. BBT Legal for Applicant/Appellant. Smt. Rutuja Ambekar, A.P.P. for Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 27th November 2020.

P.C. :

At 11:30 a.m. :- Leave to amend the prayer Clause and to annex additional documents granted.

Amendment be carried out forthwith.

Later on at 3:00 p.m. :- By the present application the applicant is seeking permission to travel abroad, i.e. United Arab Emirates (UAE), for a period of four weeks from 28th November 2020 to 25th December 2020 to meet his daughter whose delivery is due on 28th November 2020.

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Tandle 7-IA-1237-2020 in Appeal-1530-2018.odt 2.

Heard Mr. Tiwari, learned counsel for the applicant and Smt. Ambekar, learned A.P.P. for the respondent-State. 3.

It is to be noted here that, in pursuance of Order dated 30th September 2020 passed in the present application, the applicant had applied for a Passport with the concerned Authority.

Learned counsel for the applicant, on instructions submitted that, now the passport has been issued in favour of the applicant which subsists up to 20th November 2021.

4.

The record indicates that, on earlier four occasions, i.e. 21st August 2015, 28th March 2019, 3rd September 2019 and 28th November 2019 this Court had granted permission to the applicant to travel abroad. Learned counsel for the applicant submitted that, the applicant did not breach any of the conditions imposed upon him and has returned to India within stipulated period mentioned therein. 5.

Learned counsel for the applicant further submitted that, in pursuance of clause 4(b) of the Order dated 3rd September 2019 he has deposited security amount of Rs. 50,000/- in the Registry of this Court and till date the said amount has not been withdrawn.

6.

In view of the above, the applicant is permitted to travel abroad, i.e. United Arab Emirates (UAE), from 28th November 2020 to 25th December 2020 on the following conditions:- 2/3

Tandle 7-IA-1237-2020 in Appeal-1530-2018.odt (a) The applicant shall submit his itinerary before the Investigating Agency. The applicant shall also give the details of his travel and residence at UAE.

(b) The applicant shall give a copy of the ticket as well as the copy of the passport to the Investigating Agency. The applicant shall give his telephone numbers and cell phone numbers for the purpose of communication.

(c) The applicant shall furnish a copy of all the above documents to this Court also before travelling. Applicant shall mark his presence before the Trial Court on 29th December 2020. 7.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 3/3