Pradeep Valjibhai Parmar And ANR. v. State Of Maharashtra

by RUPALI RAJESH WAKODIKAR Date:

2023.07.27 13:44:48 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 2531 OF 2023 IN CRIMINAL APPEAL NO. 848 OF 2009

1. Pradeep Valjibhai Parmar

2. Rashmi Pradeep Parmar ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Sandesh V. More, for the Applicants.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 25 th JULY, 2023 ORDER (PER REVATI MOHITE DERE, J.):

1.

Heard learned Counsel for the parties.

2.

By this application, the applicants seek permission to travel to Australia during the period from 19th August, 2023 to 5th August, 2024.

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3.

Perused the papers. It appears that the applicants were arrested in connection with C.R.No. 437 of 2005, registered with the Malad Police Station, Mumbai, for various offences under the Indian Penal Code.

4.

After a full-fledged trial, the applicants were acquitted by the learned Additional Sessions Judge, Greater Mumbai, Borivali Division, Dindoshi-Goregaon, vide Judgment and Order dated 30th April, 2008. The State of Maharashtra has filed an appeal in 2009 against the said Judgment and Order of acquittal. The said appeal was admitted by this Court on 4th August, 2009 and is pending in this Court, since 2009.

5.

It appears from the documents annexed to the application that almost on seven occasions, the applicants were permitted to travel abroad to various countries on certain terms and conditions. It is not in dispute that the applicants have complied with all the terms and conditions, as stipulated in the said orders. It appears that the 2/4

applicants intend to travel of Australia during the period from 19th August, 2023 to 5th August, 2024.

6.

Accordingly, the application is allowed and the applicants are permitted to travel to Australia during the period from 19th August, 2023 to 5th August, 2024, on the following terms and conditions:-

ORDER

i) The applicant No.1 - Pradeep Valjibhai Parmar and applicant No.2 - Rashmi Pradeep Parmar, are permitted to travel to Australia during the period from 19th August, 2023 to 5th August, 2024.

ii) The applicants shall furnish their itinerary and details of the places/addresses, where they will be residing during the aforesaid period, alongwith the telephone numbers, to the concerned Police Station, before leaving India;

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iii) The applicants shall inform the concerned Police Station, of their return, within two weeks of their return to India.

7.

The application is allowed and disposed of on the aforesaid terms.

8.

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

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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