Keshav Ganesh Pathak v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 539 OF 2016 IN CRI. BAIL APPLICATION NO. 1756 OF 2015 Keshav Ganesh Pathak ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. Harshwardhan Akolkar, Advocate for the Applicant. Mr. Y. M. Nakhwa, A.P.P. for the Respondent - State. --- CORAM : A. M. BADAR, J.

DATE : 21st JULY, 2016 P.C. :

Heard learned counsel appearing for the applicant as well as the learned APP for the State.

Learned APP submits that the offence alleged against the present applicant is serious and the applicant wants to flee from India. Learned APP, therefore, prays for rejection of the application.

Perused the application. It is seen that the applicant / accused in Crime No. 99 of 2010, registered with Vishrambag Police Station, Pune, wants to visit Singapore, 1/3

China and Korea on invitations from the companies in those countries.

It is seen that on earlier occasion, vide order dated 20th April, 2016 the applicant was permitted to go abroad on imposing some conditions. If really the applicant wanted to flee from India, he would have very well availed that opportunity. Nothing tangible is pointed out to conclude that the applicant will not be available for trial or for receiving sentence, if any, ultimately passed against him. By imposing stringent conditions, the applicant can be permitted to visit the foreign countries, as according to the applicant he also wants to extend his P.R. status which expired on 25.07.2016. In this view of the matter, the applicant is permitted to leave India during the period from 21st July, 2016 to 20th September, 2016 on the following conditions : I) The applicant shall furnish surety in the sum of Rs. 1 lakh or a cash in the sum of Rs. 1 lakh in the registry of this court.

II) The applicant should intimate the concerned police station his contact, telephone numbers as well as his addresses in those countries, where he would be available for communication during this period. 2/3

III)The applicant should return India by 21st September, 2016 and he shall then surrender his passport back to the Investigating Agency within three days from his return.

IV) On fulfilling these directions, the passport be given to the Applicant immediately.

Parties concerned to act on the authenticated copy of this order duly issued by the Registry.

(A. M. BADAR, J.) .....

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