Manikchand Mangilal Soni v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.472/2017 in ANTICIPATORY BAIL APPLICATION NO.1564/2017 Manikchand Mangilal Soni .... Applicant vs State of Maharashtra .. Respondent Ms.Sonal Parab I.b Mr.Rajeev Sawant & Ass.for Applicant Mr.Arfan Sait APP for State Mr.Jayesh Patil PSI Versova police station present CORAM :

PRAKASH D.NAIK, J.

DATE :

8 JUNE 2017 P.C.

1.

This is an application seeking permission to travel abroad. The applicant was granted anticipatory bail by this Court vide order dated 15.1.2015. The said order stipulated a condition that the applicant shall not leave the jurisdiction of Bombay without obtaining prior permission from the Court. Learned Advocate appearing for the Applicant submits that the applicant intends to travel to China from 15.6.2017 to 25.6.2017.She submitted that although in the application, it is stated that the Applicant intends to travel from 10.6.2017 to 20.6.2017 on account of change in programme he intends to travel on the aforesaid dates. This Court in an earlier application had permitted the Applicant to travel abroad for a period of 3 days from 6.2.2016 to

8.2.2016. The Applicant had availed of the said relief. It is submitted that the applicant had returned the passport to the investigating authority after he returned to India.

2.

The learned APP upon instructions has opposed the application for relaxation of this condition. Learned APP submitted that the trial has already commenced and two witnesses are remaining to be examined. He therefore, opposed the application apprehending that the Applicant may not come back to India to face trial.

3. Taking into consideration the fact that the Applicant was earlier permitted to travel abroad, and had complied with the directions of this Court and also considering the fact that the Applicant is required to visit China on account of his business, I am inclined to pass the following order :

O R D E R

(i) The Applicant is permitted to travel to China between 15.6.2017 to 25.6.2017.

(ii) The Versova police station is directed to hand over the passport of the Applicant on 13.6.2017.

(iii) The Applicant on his return shall deposit his passport with the Investigating Officer on 26.6.2017. (iv) The Applicant shall before leaving India file an

undertaking before the trial Court that he will surrender the passport to the Investigating Officer after he returns to India on 26.6.2017.

Application stands disposed of.

(PRAKASH D.NAIK, J)