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Bombay High CourtAPPLN/176/2019others disposed off

Rukmani Nanji Gada And ANR. v. The State Of Maharashtra

2019-04-30Hon'Ble Shri Justice A.S. Gadkari2 pages

APPLN.176-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 176 OF 2019 Smt. Rukmani Nanji Gada & Anr.

..Applicants Vs The State of Maharashtra .

..Respondents ----- Mr. S.V. Marwadi for Applicant.

Ms. Rutuja Ambekar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 30th April 2019.

P.C.:

1] This is an application for relaxation of condition No.7 imposed upon the applicants, by the learned Additional Sessions Judge, Greater Mumbai by its Order dated 22.8.2014 in A.B.A. No.369 of 2014. The said condition reads as under:

"(7) Applicant Nos.1 and 2 shall not leave jurisdiction of this Court without prior permission of this Court." 2] The record indicates that, in Criminal Application No.278 of 2015 filed by the applicants, the Division Bench of this Court has issued Rule and the continued interim relief and has directed that, the police shall continue with the investigation but shall not not file final report without permission of this Court.

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APPLN.176-2019.doc 3] The learned counsel for the applicant submitted that, their son and daughter are residing in America and they intend visit them intermittently.

4] In view thereof, the applicants are permitted to leave jurisdiction of this Court without prior permission from the Trial Court, subject to condition that, before leaving the jurisdiction of this Court, they shall provide their detailed itinerary alongwith places of visit and phone numbers on which they can be contacted to the concerned Police Station at least two days prior to their actual date of travel. 5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2