Ramesh Taurani v. The State Of Maharashtra

vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1246 OF 2016 IN CRIMINAL APPEAL NO.1006 OF 2002 Ramesh S. Taurani .... Applicant V/s.

The State of Maharashtra ... Respondent.

Mr. A. H. Ponda, for the applicant.

Mrs. M. M. Deshmukh, APP for the Respondent State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 20th FEBRUARY, 2017.

P.C. :

1.

Heard Mr. Ponda, learned counsel for the applicant and Mrs. Deshmukh, learned APP for the State.

2.

By this application, the applicant seeks permission to visit various countries from 15.12.2016 to 15.11.2017. Though this application was filed on 4th October, 2016, it was adjourned on the ground of one or the other.

3.

Mr. Ponda, learned counsel for the applicant further submits that the relief claimed in this application can be granted and the applicant be permitted to visit abroad from 1st March, 2017 to 15.11.2017. Mr. 1/3

Ponda has drawn our attention to the earlier orders passed by this Court, allowing the applicant to travel abroad on various occasions. 4.

The applicant alongwith 10 others was charged for offence punishable under Section 302 read with Section 120B of the Indian Penal Code. Out of those accused, only one accused is convicted and appeal against his conviction is pending. So far as the applicant is concerned, he is acquitted and State has filed Criminal Appeal No.1006 of 2002, and the same is pending.

5.

Learned APP submitted that the convicted accused was absconding and he is now traced. The appeal against conviction as well as appeal filed by the applicant, are ripe for final hearing and in such situation, the applicant may not be permitted to travel abroad for such a longer period.

6.

We have seen the earlier orders. The applicant was permitted to travel abroad on many occasions. The applicant has complied with those orders and there is no breach of a single order. Mr. Ponda, on instructions, makes statement that whenever the appeal is fixed for hearing, the applicant will remain present at th time of hearing. Statement is accepted.

7.

In above circumstances, we allow this application and permit the applicant to travel abroad for the period from 1st March, 2017 to 2/3

15.11.2017, as per itinerary disclosed by the applicant on page No.26 and 27 of the petition, on the same terms and conditions which were imposed on the applicant in earlier orders. On his return to India, the applicant to proceed to comply with the orders of this Court. 8.

The applicant shall also remain present in India when the matters are heard finally.

[DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 3/3