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Bombay High CourtIA/2182/2023disposed off

Mitali Ashok Chaudhary v. CBI Acb Mumbai And ANR.

2023-06-27Hon'Ble Shri Justice Prakash D. Naik2 pages

30-IA-2182-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2182 OF 2023 IN CRIMINAL APPEAL NO. 1568 OF 2019 Mitali Ashok Chaudhary ...Applicant

Versus

Cbi Acb Mumbai And Anr.

...Respondents

....

Mr.V.N.Shinganapurkar i/by H N Associates Advocate for Applicant. Mr.H.S.Venegavkar, Special P.P for CBI.

Ms. P. N. Dabholkar, APP for the Respondent - State. ....

CORAM : PRAKASH D. NAIK, J.

DATE : 27th JUNE 2023.

P.C.:- 1.

Applicant is seeking permission to travel abroad i.e. United States of America from 1st July 2023 to 30th September 2023. 2.

It is submitted that applicant intends to travel to meet her son, his family and mother-in-law who has been diagnosed with chest cancer. She needs to be operated soon. She has been staying in California, USA. Vide order dated 12th January 2022 Applicant was permitted to travel to USA from 1st May 2022 to 31st August 2022 on certain conditions. 3.

Learned advocate for Respondent submitted that Applicant has been MANISH SURESHRAO THATTE Date: 2023.06.28 14:41:12 +0530 MANISH SURESHRAO THATTE convicted for the offence under Prevention of Corruption Act and sentenced to suffer imprisonment of three years. Applicant should return to India if 1/2

30-IA-2182-2023.doc such permission is granted to contest the appeal filed before this Court challenging conviction.

4.

Considering the fact that applicant had complied conditions imposed vide order dated 12th January 2022 and returned to India within stipulated period, permission as sought in this application can be granted.

ORDER

(i) Interim Application No.2182 of 2023 is allowed and disposed off; (ii) Applicant is permitted to travel to United States of America between the period 1st July 2023 and 30th September 2023; (iii) On returning to India, the applicant shall inform about her return to Respondent no.1;

(iv) The applicant shall furnish details about her travel to Respondent no.1 along with her contact number, coloured photocopy of her passport to Respondent no.1 before travelling abroad.

(PRAKASH D. NAIK, J.) MST 2/2