Sharad S/O. Manga Tayade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2150 OF 2023 IN APEAL/76/2018 WITH APEAL/76/2018 SHARAD S/O. MANGA TAYADE

VERSUS

THE STATE OF MAHARASHTRA Mr. S. S. Jadhav, Advocate for the applicant Mr. S. P. Sonpawale, APP for the respondent/State CORAM : R. M. JOSHI, J.

DATE : 22nd JUNE, 2023 P.C. :- 1.

This application is filed by the appellant in Criminal Appeal No. 76 of 2018 for seeking permission to travel to Dubai for a period of 10 days commencing from 20/06/2023 to enable him to attend the Award ceremony of his wife at Dubai scheduled on 25th June, 2023. 2.

This application was circulated yesterday by making out urgency and hence in order to give opportunity to the respondent time was granted till today.

3.

Learned APP however shows his inability to make any submission in this regard for want of instruction from ACB, Nanded. 962.cra2150.23.odt

4.

The appellant was the Government employee and was convicted for the offences punishable under Sections 7 and 13(1)(d) r/w section 13(2) of the Prevention of Corruption Act, 1988. During the pendency of appeal, he is enlarged on bail of year 2018 itself. In view of his conviction, there is reason to believe that the employment dues of appellant must have been withheld. Thus, there is no reason to apprehend his abscondance. In any case there is nothing on record to indicate that the appellant would flee from justice. In absence of any reasonable apprehension to hold that the appellant is not likely to return to India, there is no reason to deny the prayer made by the appellant. 5.

Hence application stands allowed in terms of prayer clause (B).

6.

Parties to act on authenticated copy of this order. (R. M. JOSHI, J.) ssp 962.cra2150.23.odt