Bombay High CourtAPPP/1510/2018others disposed off

Sunil Shah v. The State Of Maharashtra

2018-12-21Hon'Ble Shri Justice Prakash D. Naik3 pages

1 907.1510.18 appp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1510 OF 2018 IN ANTICIPATORY BAIL APPLICATION NO. 642 OF 2018 Sunil Shah ....Applicant Vs.

The State of Maharashtra ....Respondent Mr. Vinay Bhanushali Advocate for the applicant Mr. S. R. Agarkar APP for the State.

Mr. Kerkar, PI EOW/HSG-II CORAM : PRAKASH D. NAIK, J.

DATED : 21st DECEMBER, 2018 P.C.

This is an application seeking direction to the investigating agency to return the passport to the applicant to enable him to travel abroad for a limited period. Applicant has preferred anticipatory bail application no. 642 of 2018. In the said application, applicant had been granted relief under section 438 of Code of Criminal Procedure, 1973. Applicant was directed to surrender his

2 907.1510.18 appp.doc passport to the Investigating Officer and in accordance with the said order, passport was surrendered to Investigating Officer. Application is pending in this Court with interim protection. Applicant had preferred Criminal Application no. 772 of 2018 seeking similar relief and by an order dated 28/06/2018, application was allowed by directing the Investigating Officer to return the passport to the applicant and he was permitted to travel to San Fransisco, California, USA from 03/07/2018 to 19/07/2018. The learned Advocate for the applicant submits that applicant proposes to travel to Helsinki from 17/01/2019 and would return to India on 25/01/2019. The tickets of travel are annexed to this application. It is submitted that the applicant wants to attend family get together.

Taking into consideration the aforesaid circumstances, application can be allowed.

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O R D E R

(I) Investigating Officer is directed to return the passport to the applicant to enable him to travel to Helsinki from 17/01/2019 to 25/01/2019.

(II) Applicant shall provide his itinerary to the Investigating Officer.

(III) Applicant shall return to India on or before 25/01/2019 and redeposit the passport with the Investigating Officer within one week thereafter.

(IV) All the concerned to act on authenticated copy of this order.

Application stands disposed of.

[PRAKASH D. NAIK, J.]