Bhimbhai V. Naik v. Union Of India Through CBI, Bs And Fc And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1212 OF 2015 IN CRIMINAL APPEAL NO. 1075 OF 2012 Bhimbhai V. Naik.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. M.G. Shukla, advocate for Applicant.

Mr. H.S. Venegaonkar, advocate for respondent No. 1. Mrs. A.A. Mane, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : APRIL 16, 2016 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State.

The applicant herein is an appellant in Criminal Appeal No. 1075 of 2012. The applicant is convicted for the offence punishable under Section 409, 477A, 201 and 120B of Indian Penal Code and sentenced to suffer S.I. for 3 years. Learned Sessions Court had 1/3

directed applicant to deposit his passport. Accordingly, during the pendency of the appeal passport is deposited in this court. This is an application seeking return of passport for renewing the same. By an order dated 23/12/2014 this Court had granted permission to the applicant to travel to U.K. However, he did not avail of the said condition. He has deposited the cash of Rs. 1 Lakh before the Special Court in anticipation that he would be travelling to U.K. Learned Counsel for the applicant therefore, submits that the said amount of Rs. 1 Lakh be returned to him. As and when he has to go abroad, he would abide by the same condition. The learned Counsel seeks return of passport for the purpose of renewal of the passport.

The Respondent shall return the passport for the purpose of renewal of the passport. After renewal of the passport, the applicant shall furnish coloured photocopy of the passport in this court. It is further directed that the condition that he shall not travel abroad without permission of this Court is maintained. 2/3

The application is allowed in terms of prayer clause (a) and (c). It is made clear that the application is rejected in terms of prayer clause (b). The application is disposed of accordingly. (SMT. SADHANA S. JADHAV,J) 3/3