Farhad Homi Unwalla v. The State Of Maharashtra

5.APPP674_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 674 OF 2014 IN ANTICIPATORY BAIL APPLICATION No. 85 OF 2011 Farhad Homi Unwalla ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. K. Vivan, Advocate for the Applicant.

Mr. Y.M. Nakhwa, APP for the respondent/State. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 9th February, 2017.

P.C.:

The learned counsel for the applicant undertakes to file Vakalatnama within 10 days. The learned counsel further submitted that the applicant has moved an application for relaxation of condition in the order dated 8th February, 2011 wherein he is directed to take prior permission of the trial Court before leaving the country. The learned counsel submitted that since 2011 the applicant is travelling abroad on number of occasions by taking permission of the trial Court and he needs to travel abroad often as his son stays in United States of America. The learned counsel further submitted that the applicant is a family man and his son and wife is staying in India. He is working in India. The learned counsel further submitted that other two accused who were granted prearrest bail by this Court by order dated 15th September, 2010 are not put to 1 / 2

5.APPP674_2014.doc this term and, therefore, the said condition be relaxed. 2.

Learned APP opposed the Application. He submitted that the offence has taken place in 2010 and the trial is going to be commenced in this year.

3.

Heard both the sides. Perused the order. The condition to take prior permission of the trial Court for going abroad is hereby relaxed and the applicant/accused need not take any prior permission if he wants to go abroad. However, the applicant shall file undertaking before the trial Court within 15 days that he shall attend on the dates of the trial when it will be commenced. The applicant shall submit his travel plan to the trial Court as and when he will travel abroad.

4.

Application is allowed.

(MRIDULA BHATKAR, J.) 2 / 2