Chhaya Ashok Kumar Purwar v. The Superintendent Of Police And ANR.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2969 OF 2023 IN CRIMINAL APPEAL NO.633 OF 2015 Chhaya Ashok Kumar Purwar .. Applicant
Versus
The Superintendent of Police (A.C.B.
C.B.I. Mumbai) and anr.
.. Respondents WITH INTERIM APPLICATION NO.2971 OF 2023 IN CRIMINAL APPEAL NO.634 OF 2015 Ashok Kumar Purwar .. Applicant
Versus
The Superintendent of Police (A.C.B.
C.B.I. Mumbai) and anr.
.. Respondents Mr. Ravi Gurnami a/w Ms. Panna Seth i/b Mr. Pradeep Hingorani, for the applicants.
Mr. H.S. Venegaonkar for respondent no.1.
Mr. Y.M. Nakhawa, APP for the CORAM: BHARATI DANGRE, J.
DATED : 23rd AUGUST, 2023 P.C:- The two applications are taken out by the two accused, who stand convicted by the Special Judge CBI on 08/05/2015 on being found guilty for committing an offence under Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act.
2/3 12 IA-2969-23.doc These two distinct appeals filed by the two accused came to be admitted on 25/06/2015 and they were released on bail by suspending the sentence.
The appeals are pending for adjudication before this Court.
The present applications are taken out since the two appellants have received an invitation from their daughter, who is presently stationed in Australia and serving there, for celebrating the birthday of her four year old child. The said communication is placed on record along with the applications, which seek permission from the Court to travel to Australia for period of four months, the tentative date of travel being from 1/10/2023 to 31/01/2024.
The learned counsel for the applicants would submit that even in the past, the applicants were permitted to travel abroad under the orders of this Court and they have dutifully abided by the conditions imposed upon them and have not misused the liberty.
The learned counsel Mr. Venegavkar appearing for CBI do not dispute the factual situation.
In the wake of the exigency expressed in the two applications, during the pendency of the respective appeals filed by them in this Court, I deem it appropriate to grant the applications permitting the applicants to travel abroad with a specific condition that the travel itinerary along with the scheduled date of travel shall be placed before the
3/3 12 IA-2969-23.doc Superintendent of Police A.C.B, C.B.I, Mumbai, at least 15 days in advance before the travel. The itinerary shall also provide the contact number of the applicants, while they continue to reside abroad.
Both the Interim applications stands disposed off. ( SMT. BHARATI DANGRE, J.)