Brillant Patrick Jacky Henry Morris v. Shilpa Ramnath Pai And ORS.

by RUPALI RAJESH WAKODIKAR Date:

2022.07.12 11:51:23 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1890 OF 2022 IN CRIMINAL APPEAL NO. 1169 OF 2019 Brillant Patrick Jacky Henry Morris ...Applicant

Versus

Shilpa Ramnath Pai and Ors.

...Respondents

ALONGWITH CRIMINAL APPEAL NO. 1169 OF 2019 Shilpa Ramnath Pai ...Appellant

Versus

Brillant Patrick Jacky Henry Morris and Ors. ...Respondents Mr. Siddhesh Bhole a/w Ahmed Padela for the Applicant in IA/1890/2022.

Mr. V.B.Konde Deshmukh, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & V. G. BISHT, JJ.

DATE : 8 th JULY, 2022 P.C. :

1.

By this application, the applicant seeks permission to travel abroad from the first week of August, 2022 to the 3rd week of 1/3

November, 2022.

2.

The applicant is a French national, however, living in India since 1992. The applicant was charged for the offences under the POCSO Act as well as under the Indian Penal Code and after a full fledged trial, the applicant has been acquitted of the said offences. As against the said acquittal, respondent No.1 has filed the aforesaid appeal. The said appeal was admitted by this Court vide order dated 21st January, 2020. Admittedly, no condition restraining the applicant from travelling has been imposed by the trial Court or by this Court, whilst admitting the appeal. It appears that the applicant, by way of an abundant caution, has filed the application seeking permission to travel abroad.

3.

According to the applicant, he wishes to travel to France to meet his ailing mother, aged 86 years, who is bed ridden. 4.

Having heard learned Counsel for the parties, we allow the application and permit the applicant to travel to France for the period 2/3

from first week of August, 2022 to the 3rd week of November, 2022. However, we make it clear that the applicant is permitted to travel only after he complies with the order dated 8th July, 2022 passed in Criminal Interim Application No. 1891 of 2022. 5.

The applicant, to report to the Consulate in France, once a fortnight, during the period, the applicant is in France. 6.

The Interim Application No. 1890 of 2022 is accordingly disposed of on the aforesaid terms.

7.

All concerned to act on the authenticated copy of this order.

V. G. BISHT, J.

REVATI MOHITE DERE, J.

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