Kanhaiyalal Laxmandas Adnani v. Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1553 OF 2016 IN CRIMINAL APPEAL NO.547 OF 2014 KANHAIYALAL LAXMANDAS ADNANI )...APPLICANT V/s.

UNION OF INDIA AND ANR.

)...RESPONDENTS Mr.Prasanna Bhangale i/b. Mr.Niranjan Mundargi, Advocate for the Applicant.

Mr.Sandeep Shinde a/w. Mr.Y.M.Nakhwa, Advocate for Respondent No.1.

Mr.P.H.Gaikwad-Patil, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

23rd JANUARY 2017.

P.C. :

By this application, the applicant / accused convicted of offences punishable under Sections 419, 420, 467, 468 and 471 of the IPC is seeking permission to depart temporarily from India on the condition that he shall furnish his detail itinerary to respondent no.1 - Union of India before departing from India. avk 1/3

Heard the learned counsel appearing for the applicant / accused as well Shri S.K.Shinde, the learned counsel appearing for Union of India i.e. the prosecuting agency. The learned counsel for the applicant / accused submitted that passport of the applicant / accused has expired and unless and until this court grants permission to depart from India, the Passport authority is not renewing the passport. As stated earlier, the Union of India has no objection for permitting the applicant / accused to travel abroad. The learned counsel for the Regional Passport Authority states that the applicant / accused should furnish his detail itinerary so that passport can be renewed for that period.

It is seen from the application that the applicant / accused intends to visit his daughter in the United States of America in April 2017. As the prosecuting agency has no objection for grant of permission to depart from India for going to the United States of America for a temporary period, the application is partly allowed with this order. avk 2/3

The applicant / accused is permitted to depart from India for visiting the United States of India in the year 2017 subject to the following conditions :

i) The applicant / accused to furnish his tour itinerary to the prosecuting agency i.e. Union of India as well as to the Regional Passport Authority well in advance.

ii) On renewal of passport of the applicant / accused, the applicant / accused to seek actual permission to travel abroad by filing necessary application giving all detail particulars to this court.

iii)The application is accordingly disposed of. (A. M. BADAR, J.) avk 3/3