Angadpreet Manpreet Singh Chadha v. The State Of Maharashtra And ANR

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.729 OF 2017 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1209 OF 2017 Angadpreet Manpreet Singh Chadha ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.Himanshu Kode a/w Mr.Raghav Shekhar i/b The Law Point, for the Applicant.

Mr.V.V.Gangurde, A.P.P for the Respondent No.1-State Mr.Vikram Chavan a/w Ms.Sheetal Thakur, i/b C.K.Legal, for the Respondent No.2-Original Complainant.

CORAM : REVATI MOHITE DERE, J.

DATE : 9th AUGUST, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks permission to travel to the U.A.E.

3.

Learned Counsel for the applicant has tendered an undertaking

2/4 on behalf of the applicant, who is present in Court. The same is taken on record and marked 'X' for identification.

4.

Perused the papers. The respondent no.2-Amreeta Kaur Angadpreet Chadha, ( Original Complainant) has lodged a complaint, which is registered vide C.R.No.236 of 2016, with the Khar Police Station, Mumbai, alleging offences punishable under Sections 498A, 323, 504, 506, 406 and 34 of the Indian Penal Code, as against the applicant and others. It appears, that the respondent no.2 has filed a complaint under the Domestic Violence Act, in the Court of the Metropolitan Magistrate, (9th Court), Bandra, Mumbai, being Complaint No.94 of 2016 and a Divorce Petition, bearing No.A-1535 of 2016 before the Family Court, Bandra, Mumbai.

5.

It appears that this Court (Coram : Prakash D. Naik,J.) vide order dated 14th July, 2017 passed in Criminal Anticipatory Bail Application No.1209 of 2017, in clause (iii) of para 4, while granting interim protection has imposed a condition, that 'the applicant shall not leave the country without permission of this Court.'

3/4 6.

By this application, the applicant seeks permission to travel to the U.A.E. It appears that the applicant is an NRI staying in U.A.E., since 1988 and is employed with a private company viz. Schneider Electric Limited, at Dubai. Learned Counsel for the applicant informs, that if the applicant fails to report to work/resume office, he will lose his employment. Learned Counsel for the applicant has tendered an undertaking of the applicant, wherein, in clauses 8 to 11, the applicant has undertaken that he will comply with the orders that may be passed by the concerned Courts, before whom proceedings are pending. He has also undertaken to ensure that his Advocate will remain present in the Courts on the dates given by the trial Court. The said undertaking is accepted as an undertaking given to this Court. A copy of the said undertaking, to be tendered by the applicant's counsel, in the proceedings which are pending before the 9th Metropolitan Magistrate, Bandra, Mumbai as well as before the Family Court, Bandra, Mumbai.

7.

Considering the fact, that the applicant is likely to lose his employment if he fails to report and resume office, and considering the undertaking tendered by the applicant, the application is allowed on the

4/4 following terms:-

ORDER

(i) The condition imposed in the order dated 14th July, 2017, is relaxed and the applicant is permitted to travel to U.A.E. for a period of 3 months;

(ii) The applicant to furnish his address and telephone numbers, where he will be staying during the said period to the Investigating Officer, before leaving India;

(iii) A copy of the undertaking to be placed by the Applicant through his Advocate in both the proceedings i.e. Metropolitan Magistrate's Court and the Family Court, Mumbai. 8.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

9.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)