Ramesh Taurani v. The State Of Maharashtra

pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1580 OF 2014 IN CRIMINAL APPEAL NO. 1006 OF 2002 Mr. Ramesh Taurani .. Applicant Vs.

The State of Maharashtra and anr.

.. Respondents Mr. Aabad H. Ponda for applicant.

Mrs. A.S. Pai, APP for State.

CORAM: P. V. HARDAS & DR. SHALINI PHANSALKAR-JOSHI,JJ.

MARCH 10, 2015.

P.C.

1.

At the out-set, learned counsel for the applicant, has stated that the applicant does not press for the relief at prayer clause (a) to the application. This application is accordingly dismissed in respect of prayer clause (a) to the application with liberty to file appropriate proceedings, if the needs so arise.

2.

By virtue of prayer clause (b) to the application, the applicant has prayed that he may be permitted to travel abroad to the places mentioned in the itinerary at paragraph 35 of the application from 4/12/2014 to 20/11/2015.

3.

It appears that the applicant was an accused and had been acquitted by the trial court. The State being aggrieved by the acquittal of the applicant, has filed an appeal against acquittal, which is registered as Criminal Appeal No. 1006 of 2002. The applicant has annexed various orders of this court, by which the applicant had permitted to travel abroad during the pendency of the appeal.

4.

We have heard Mr. Ponda, learned counsel for the applicant and Mrs. Pai, learned APP, who appears on behalf of the respondent-State. Since the applicant has not pressed for the relief prayed for at prayer clause (a) to the application, the relief prayed for against respondent no.2 does not survive.

5.

In the light of the fact that the applicant had been permitted to

travel abroad on several occasions by the orders of this court, we allow this application and grant permission to the applicant to travel abroad as per the itinerary disclosed by the applicant at paragraph 35 of the application, on the same terms and conditions, which were imposed on the applicant earlier. On his return to India, the applicant shall file a pursis intimating compliance of the order of this court.

6.

Application is allowed as indicated above.

(DR. SHALINI PHANSALKAR-JOSHI,J.) (P. V. HARDAS,J.)