Suresh Kakade v. State Of Maharashtra

903-APPLN-299-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 299 OF 2022 Suresh Kakade ...

Applicant

Versus

State of Maharashtra and another ...

Respondents .........

Mr. Kamran Shaikh alongwith Mr. Mohsin Shaikh for the Applicant. Ms. Veera Shinde, APP for the State.

PSI N.B. Chopde, MIDC Bhosari Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 8 DECEMBER 2022 P.C. :- .

The applicant is an accused in Crime No. 50 of 2018 registered at MIDC Bhosari Police Station, Pune, for the offences punishable under Sections 420, 406 r/w. 34 of Indian Penal Code. 2.

The present applicant had filed an Application for anticipatory bail before the Sessions Court. The said Application was allowed by order dated 23rd October 2018. However, the present applicant was directed to deposit his passport with the concerned police station and was directed not to leave the country without permission of the Court. 3.

The applicant thereafter filed an Application for relaxation of the said condition on the ground that he is businessman and for his Kanchan P Dhuri 1 / 2

903-APPLN-299-2022.odt business he regularly needs to travel abroad. The learned Sessions Court though permitted the applicant to travel abroad, however refused to relax the condition.

4.

The learned Counsel for the applicant submits that the trial is still at the stage of charge. It is submitted that twice the applicant was allowed to travel abroad and he came back and therefore apprehension that he would abscond no more survives. The learned APP has not disputed the said fact.

5.

Considering the facts and circumstances, I am inclined to relax the condition. In the result, the following order is passed : (i) Application is allowed.

(ii) Condition imposed by the Sessions Court by Order dated 23rd October 2018 that the applicant shall not leave the country without permission of the Court is relaxed.

(iii) The concerned police station shall return the passport of the present applicant.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2022.12.08 18:59:20 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2