Sushil Amrut Mozar v. The State Of Maharashtra And ORS

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1255 OF 2019 IN APPEAL No. 726 OF 2001 Sushil Amrut Mozar ...

Applicant Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. L. S. Deshmukh i/b Sameer Kadam, for the Applicant. Mrs. M. M. Deshmukh, APP for the Respondent-State. *** CORAM : INDRAJIT MAHANTY, & A. M. BADAR, JJ.

DATE : JULY 29, 2019 PC :

1.

This is an application by an acquitted accused No. 4 for permission to travel abroad i.e. Dubai - United Arab Emirates for a period from 5th August, 2019 to 11th August, 2019. The Applicant alongwith co-accused was acquitted of the offences punishable under S. 143, 147, 148, 302 read with 149, 302, as well as 135 of the Maharashtra Police Act, and this acquittal is sought to be challenged by the State by filing the appeal, which is pending for hearing.

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2.

Heard the learned counsel appearing for the Applicant. He argued that in the past, at least on 17 occasions, the Applicant was permitted to travel abroad and he has complied with all the conditions imposed on him while granting permission by this Court. Now, the Applicant wants to travel to Dubai - United Arab Emirates for a period from 5th August to 11th August, 2019. 3.

The learned APP opposed the application.

4.

Considering the submissions so advanced and keeping in mind that in the past on several occasions, the Applicant was permitted to travel abroad and he has complied all the terms and conditions of such permission, the instant application needs to be allowed. Hence the following order.

(i) The Applicant is permitted to travel Dubai, United Arab Emirates from 5th August, to 11th August, 2019 on the condition that he shall submit his itineraries to the concerned police station, which shall include place of residence, so also the contact number;

(ii) The Applicant shall not travel to any other country except Dubai, United Arab Emirates.

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(iii) On his return, the Applicant shall submit praecipe to inform about his return to India.

The criminal application is accordingly disposed of in the aforesaid terms.

Sd/- Sd/- [A. M. BADAR, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 3 / 3