Tarik Abdul Karim Parveen @ Tariq Parveen v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.813 OF 2016 IN APPEAL NO.639 OF 2007 Tariq Abdul Karim Parveen @ Tariq Parveen ...Applicant vs.
State of Maharashtra
...Respondent
Mr.B.B.Tiwari i/b BBT Legal for the applicant Ms M.H.Mhatre, APP for the State CORAM : A.S.OKA, & A.A.SAYED, JJ.
DATE : JULY 27, 2016 P.C.:
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Not on board. Taken on board.
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As the Regular Bench headed by the Hon'ble Shri Justice Naresh Patil is not able to take up this Application, as per the General Standing Order passed by the Hon'ble the Chief Justice, application is placed before this Bench.
Heard the learned counsel for the applicant and the learned APP for the State. The prayer in this application is for grant of permission to the applicant to travel abroad to U.A.E and China for a period of two months from 28th July 2016 to 29th September 2016. Our attention is invited to the earlier orders of this Court under which he was permitted to travel abroad. The learned counsel for the applicant states that the applicant has abided
by the conditions imposed under the said orders which are annexed to this application. The learned APP states that apart from pending appeal, there are two cases pending against the applicant involving sections 387, 323, 506(2) and 504 of the Indian Penal Code.
As the applicant has been granted permission to travel abroad in the past, we propose to grant permission to travel abroad subject to following stringent conditions:
(I) The applicant is granted permission to travel abroad to U.A.E and China for two months between 28th July 2016 to 29th September 2016 (both days inclusive) subject to condition of the applicant depositing a sum of Rs.1,00,000/- (Rupees one lac) way way of security with the Trial Court and subject to further condition of filing an undertaking to this Court stating that he will return to India on or before 29th September 2016 and as soon as he returns to India, he will surrender his passport.
Undertaking to further state that he will not travel abroad without furnishing his entire travel schedule in writing to the Officer Incharge of M.R.A. Marg Police Station, Mumbai. Undertaking to further state that he will disclose his address of places of residence while travelling abroad and his contact telephone numbers in the travel schedule;
(II) On deposit of a sum of Rs.1,00,000/-
(Rupees one lac) and on filing of a copy of undertaking as aforesaid with the Trial Court, the passport of the applicant be returned to him by the concerned Court;
(III) Needless to add that even if there is a delay even of a single day in coming back to India, the amount of Rs.1,00,000/- (Rupees one lac) will stand forfeited;
(IV) The application is disposed of on above terms;
(V) We make it clear that if under the orders of any Courts before which cases are pending against the applicant, there is a restraint order against the applicant, he will have to secure necessary permission from the concerned Court;
(VI) Though the application is disposed of on above terms, for reporting compliance, the application shall be placed under the caption of `Directions' on 5th October 2016 (VII) All concerned to act upon an authenticated copy of this order;
(A.A.SAYED,J.) (A.S.OKA,J.)