Dharmesh Hasmukh Doshi v. State Of Maharashtra And ANR.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.636 OF 2022 Dharmesh Doshi Applicant versus
1. The State of Maharashtra
2. CBI, EOW (EOB), Mumbai.
Respondents Mr.Pranav Badheka with Prashant Pawar and Nagesh Kutaphale for applicant.
Ms.Ameeta Kuttikrishnan, Special P.P. for respondent no.2. Mr.S.R.Agarkar, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 29th June 2022 PC :
1.
The applicant is facing prosecution in Special (CBI) Case No.53 of 2006. The trial is pending before the Court of Sessions for CBI Special Cases, Mumbai.
2.
This application has been preferred by applicant seeking permission to travel abroad viz London, United Kingdom and other countries for a period of one year from 29th June 2022 to 23rd June 2022.
3.
The applicant had preferred application before Sessions Court for seeking such permission and the said application has been MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.07.01 15:00:56 +0530 rejected vide order dated 17th June 2022.
4.
This Court had granted permission to applicant to travel abroad recently by order dated 13th May 2022 for a period of
2 of 3 28.APL.636.2022.doc approximately one month. Learned counsel for applicant submitted that so far the applicant has been permitted to travel abroad by Special Court as well as by this Court on 22 occasions. In compliance of the orders passed by Special Court as well as this Court, the applicant has travelled abroad and returned back. The orders passed by this Court permitting him to travel abroad are annexed to this application.
5.
The respondent no.2 CBI has opposed this application by filing reply. It is submitted that granting permission to applicant to travel abroad earlier, is not a valid ground to grant him permission now. Applicant is British national and there is possibility that applicant would settle in United Kingdom permanently. If applicant intends to travel abroad and in the event Court allows the applicant to travel, the Court may direct the applicant to provide detailed information and itinerary of travel to CBI-EOB.
6.
Considering the fact that on several occasions this Court as well as Special Court had permitted the applicant to travel abroad, and there was no breach of order of this Court, I pass following order:
ORDER
(i) The applicant is permitted to travel to London, United Kingdom and other countries between the period 20th June 2022 and 20th June 2023;
(ii) The applicant shall provide his detailed itinerary as well as prior intimation whenever he travels abroad to CBI-EOB before leaving India;
(iii) The applicant shall furnish phone numbers/mobile numbers,
3 of 3 28.APL.636.2022.doc addresses where he is likely to stay abroad;
(iv) The earlier cash sureties lying in the Court for a sum of Rs.10,00,000/- be treated as a security for the purpose of travel abroad;
(v) Applicant shall place undertaking that if the case is cropped up for framing charge in between his visiting period, then he will remain present before the Court physically or virtually and if required by curtailing permitted period;
(vi) Criminal Application is disposed of.
(PRAKASH D. NAIK, J.) MST