Vinod S/O. Ganeshbhai Kevadiya v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1455 OF 2018 Vinod Ganeshbhai Kevadiya ...

Applicant.

V/s.

The State of Maharashtra ...

Respondent Mr. A. M. Saraogi, for the Applicant.

Mrs. Veera Shinde, APP for respondent State. Mr. Sanjay Shinde, API - General Cheating II EOW, Mumbai.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 8th FEBRUARY, 2019.

P.C. :

1] Heard learned counsel for the applicant and learned APP for the State.

2] This application is moved by the applicant against the order dated 13.10.2018, passed by the Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai, thereby rejecting the application of the applicant for permanent return of the passport. 2] The applicant accused is prosecuted for the offence punishable under Sections 406, 420, 504 read with 34 of the Indian Penal Code. While granting bail to the applicant accused by order dated 7.2.2014, the learned Additional Chief Metropolitan Magistrate 1/3

has imposed condition on the accused to submit his passport with the Investigating Officer till further orders.

3] Thereafter the accused with the permission of the Court has travelled abroad nearly for 8 to 10 time. He has now applied for permanent return of the passport so that the inconvenience will not cause to the applicant in obtaining Visa after return of the passport and time consumed for the same can be saved.

4] Learned APP submits that he will take permission of the Court while travelling out of India and he is bound by the condition No.3 of the order granting bail.

5] The learned APP while opposing this application submits that the prosecution wants to examine in all 17 witnesses and the trial may commence at any time and therefore, the application is opposed.

6] Considering the submissions advanced and the orders passed therein applicant accused is directed to submit the original documents of his immovable property that is residential flat owned by him, in the Court of Metropolitan Magistrate. 7] On depositing the original documents of residential flat in the trial Court, the passport of the applicant be returned to him permanently.

8] The applicant accused shall attend the trial scrupulously 2/3

on all the dates of hearing unless the permission for his exemption is given by the learned trial Court.

9] Application is disposed off accordingly.

[MRS. MRIDULA BHATKAR, J.] 3/3