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Bombay High CourtIA/4490/2023disposed off

Purushottam Sitaram Burde v. State Of Maharashtra And ANR.

2024-01-09Hon'Ble Shri Justice M. S. Karnik2 pages

2024:BHC-AS:799 Urmila Ingale 908-IA-4490-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4490 OF 2023 IN CRIMINAL APPEAL NO. 543 OF 2007 PURUSHOTTAM SITARAM BURDE ..APPLICANT VS.

1. STATE OF MAHARASHTRA

2. CBI ACB MUMBAI ..RESPONDENTS Ms. Yogini A. Ugale, for the Applicant.

Mr. Shreeram Shirsat SPP a/w Ms.Tanvi Mate and Ms. Karishma Rajesh, for Respondent No.2.

Mr. S.H. Yadav, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : JANUARY 9, 2024 P.C. :

1.

Heard learned counsel for the applicant and learned counsel for the respondent no.2-CBI.

2.

Learned counsel for the respondent no.2 opposed the application contending that the appeal is likely to be heard finally. However, considering the pendency, it is unlikely that the criminal appeal is likely to be heard finally any time soon. In any case, I am informed that on previous two occasions, the applicant had applied for permission to travel abroad which permission came to be granted by this Court. The applicant abided by the conditions and returned back to 1/2

Urmila Ingale 908-IA-4490-23.doc India as per the travel itinerary.

3.

Reply has been filed by the respondent no.2 opposing the application.

4.

I have perused the reply. However, for the reasons mentioned in the application, I am satisfied that the present application deserves to be allowed and the same is allowed in terms of prayer clauses (a) & (b).

5.

The applicant to submit his travel itinerary before the CBI along with his contact and residential details while residing abroad.

6.

The applicant shall abide by the travel itinerary and upon his return to India, shall hand over the custody of the passport back to the CBI.

7.

As a condition of this order, the applicant should deposit cash security of Rs.1,00,000/- with the Registry of this Court and he shall be entitled to get back the same on his return to India.

8.

The interim application is disposed of.

(M. S. KARNIK, J.) 2/2