Mahendra Nandram Pardeshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1613 OF 2018 IN CRIMINAL APPEAL NO.466 OF 2017 Mahendra Nandram Pardeshi ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.Satyavrat Joshi a/w. Mr.Sumant Deshpande for the applicant. Mr.S.V. Gavand, APP for the respondent/State. CORAM : A.M.BADAR J.

DATED : 19th SEPTEMBER 2018.

P.C. :

1.

This is an application by the convicted accused for permitting him to travel to Bali, Indonesia from 21st September, 2018 to 30th September, 2018. The applicant/accused is convicted of the offence punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. 1/3

2.

Heard the learned counsel appearing for the applicant/accused. He argued that the applicant will be back to India on the date mentioned in the application and he is not likely to abscond as he was public servant.

3.

The learned Additional Public Prosecutor submits that presence of the applicant for prosecuting the instant appeal needs to be secured by imposing suitable conditions.

4.

I have considered the rival submissions. The applicant was on bail during pendency of trial. After his conviction, substantive sentence of imprisonment imposed on him is already suspended and he was permitted to obtain the passport.

5.

The applicant in this duly sworn application has stated that he wants to visit Bali, Indonesia from 21st September, 2018 to 30th September, 2018 and he will be back on 30th September, 2018. The applicant being the ex-public servant, there is no possibility of his absconding or fleeing from India if the permission as sought is 2/3

granted to him. Even otherwise his retirement dues and other benefits must be pending with the State. Therefore, the order; :: ORDER ::

(i) The applicant is permitted to travel to Bali, Indonesia between 21st September, 2018 to 30th September, 2018. (ii) The applicant will furnish his Tour itinerary to Sahakarnagar Police Station, Pune and he shall also furnish his residential address at Bali, Indonesia to the said police station, so also the contact phone numbers. (iii) The application stands disposed of accordingly. 6.

Parties to act upon authenticated copy of this order. Digitally signed by Vina Arvind Khadpe Date:

2018.09.18 17:49:04 +0530 Vina Arvind Khadpe (A.M.BADAR J.) 3/3