Rachna Manish Tardeja v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3531 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 1415 OF 2021 Rachna M. Tardeja ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Premlal Krishnan a/w. Mr. Preston Dias and Mr. Prashant Bothre i/b Pan India Legal Services LLP for the Applicant. Mr. Amit Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

09.12.2022.

P.C. :

1.

The applicant is the accused in Crime No. 454 of 2021 registered at Wakad Police Station, Pimpri-Chinchwad for the ofences punishable under Sections 406, 420, 467, 468,, 471 and 120-B of the Indian Penal Code.

2.

The present applicant apprehending his arrest in the aforesaid crime had fled an application for anticipatory bail being Anticipatory Bail Application No. 1415 of 2021. This Court by order dated 28, June 2021 allowed the said application, however, directed the present applicant to deposit the Passport with the Investigating Agency and further directed that the applicant shall not leave India without prior permission of the trial Court. 3.

The learned counsel for the applicant submits that the applicant is required to appear for a Fellowship of Royal College of Dinesh S. Sherla 1/2

2/2 10-ia-3531-22.doc Radiologist (FRCR)- Part 1, Radiology, for which original copy of the passport is required to be shown at the exam center. It is submitted that there is already a condition that the applicant shall not leave India without prior permission of the trial Court. It is submitted that even after the applicant receives the passport she will have to take permission of the trial Court to go abroad. It is submitted that the investigating agency be directed to return the passport to the applicant.

4.

Considering the facts and circumstances of the case and as there is already a condition that the applicant shall not leave India without prior permission of the trial Court of which no modifcation is sought, I am inclined to allow the present application. Hence, the following order.

ORDER

A.

Interim Application is allowed.

B.

The Investigating Agency shall return the Passport to the present applicant.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2