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Bombay High CourtIA/2681/2022disposed off

Nimesh Subodh Dalal And ANR v. The State Of Maharashtra

2022-09-14Hon'Ble Smt. Justice Bharati Dangre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2681 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.642 OF 2018 Nimesh Subodh Dalal ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH INTERIM APPLICATION NO.2915 OF 2022 IN INTERIM APPLICATION NO.2681 OF 2022 Nanji Vershi Faria ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Ayush Pasbola with Ms.Vedanshi Shah i/b Mr.Bipin Joshi for the Applicant.

Ms.Anamika Malhotra, A.P.P. for the State/Respondent. Mr.Omkar Mulekar for the Intervenor.

PI P.P.Kerkar attached to EOW, HSG-II, present. ...

CORAM: BHARATI DANGRE, J.

DATED : 14th SEPTEMBER, 2022

2/3 14 ia-2681-22.doc P.C:- 1.

By the present application, the applicant is seeking return of his passport, which is lying with the Investigating Officer in terms of the order dated 1//04/2018. 2.

Heard learned counsel Mr.Pasbola for the applicant, learned counsel Mr.Mulekar for the complainant and learned A.P.P. Ms.Malhotra for the State.

The application is filed for return of passport on two grounds; (a) the applicant intends to travel to Ethiopia for business purpose and, (b) he wants to visit his son, who is working with the company in U.S.A.

Learned counsel for the applicant states that he intends to visit U.S.A. with his wife and daughter and his tickets are booked for 2//09/2022. He makes a categorical statement that he does not intend to visit Ethiopia, as the said plan is cancelled and the passport is required only for the purpose for visit to U.S.A.

/.

Learned A.P.P., on instructions from the Officer attached to EOW, states that there is no-objection for the applicant being permitted to travel abroad, provided he submits his itinerary

3/3 14 ia-2681-22.doc to the Investigating Officer alongwith his date of travel and date of return.

The applicant shall also give an undertaking to the Investigating Officer that on his return as per the scheduled program, within a period of one week, he shall surrender his passport to the Investigating Officer.

4.

Upon the aforesaid compliance being ensured, the Investigating Officer shall hand over the passport to the applicant within a period of one week from today. 5.

Interim Application No.2681 of 2022 stands disposed off. 6.

Interim Application No.2915 of 2022, which was filed seeking intervention, is also disposed off.

( SMT. BHARATI DANGRE, J.)