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Bombay High CourtIA/2758/2022disposed off

Sahil Omprkash Baghla v. The State Of Maharashtra

2022-08-22Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by AARTI G PALKAR Date:

2022.08.22 17:51:28 +0530 AARTI PALKAR INTERIM APPLICATION NO.2758 OF 2022 IN BAIL APPLICATION NO.2186 OF 2018 Sahil Om Parkash Baghla ....

Applicant In the matter between Sahil Om Parkash Baghla ....

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Satyavrat Joshi i/b. Mr. Nitesh Mohite for the Applicant. Smt. J.S. Lohokare, APP for the State/Respondent No.1. CORAM : SARANG V. KOTWAL, J.

DATE : 22nd AUGUST, 2022 P.C. :

1.

This is an application for relaxation of the condition No.(vi) imposed on the applicant while granting bail vide Order dated 29th July, 2019 passed in Bail Application No.2186 of 2018. His further prayers in this application are for directions for permission to renewal of passport; to issue "No Objection Certificate" for renewal of passport and for permission to travel to Singapore from 9th October 2022 to 12th October 2022. The applicant is desirous of attending the conference in Singapore which is scheduled to be held on 11th October 2022. 2.

The order in question was passed in the year 2019. Even

2/3 14.IA.2758.2022.doc the charges are not yet framed. Learned counsel for the Applicant submits that the delay in trial is causing prejudice to him and that condition may be relaxed. He referred to another Order dated 4th August 2022 passed in Interim Application No.3096 of 2021 in Bail Application No.2154 of 2018 in the similar case of co-accused Nikunj Virendrakumar Jain. 3.

It does appear that the trial is taking a long time and it will prejudice the career of the applicant. In the case of co-accused Nikunj Jain, the following Order was passed:-

ORDER

i) The Applicant shall give definite information about his opportunities at abroad and his possible itinerary, to the trial Court.

ii) The trial court shall consider his request for return of Passport and for permission to travel abroad for reasonable period on the basis of application made before him by the applicant and the Investigating Agency's reply on it. (iii) With these directions, the application is disposed of. 4.

Similar view can be taken and similar directions can be passed for the present applicant. Hence, the following order.

ORDER

i) The Applicant shall give definite information about his

3/3 14.IA.2758.2022.doc opportunities at Singapore and his possible itinerary, to the trial Court.

ii) The trial court shall consider his request for return of passport and for permission to travel abroad for reasonable period on the basis of application made before him by the applicant and the Investigating Agency's reply on it, as expeditiously as possible. (iii) With these directions, the application is disposed of. (iv) Except for these observations, no further order granting the reliefs claimed by the applicant in his prayer clauses (a) to (c) are granted, which in my opinion are too wide. (SARANG V. KOTWAL, J. )