Deepak Manohar Chavan v. The State Of Maharashtra And Another
2025:BHC-AUG:27484 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 905 CRIMINAL APPLICATION NO. 2500 OF 2025 IN APEAL/451/2017 DEEPAK MANOHAR CHAVAN ....Applicant
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER .....Respondent Mr. Joydeep Chatterji, Advocate for the applicant Mr. A. R. Borulkar, Advocate for respondent No. 2 Ms V. S. Choudhari, APP for the respondents/State CORAM : ABHAY J. MANTRI, J.
DATE : 30th SEPTEMBER, 2025 PER COURT :
1.
The applicant has moved this application for a grant of permission to go abroad as per the rules laid down in the notification dated 25-08-1993 issued by the Ministry of External Affairs. 2.
Heard the learned advocate for the applicant, the learned advocate for the respondent, the Union of India, and the learned APP for the respondent/State.
3.
Perused the application, order dated 25-09-2017, notification dated 25-08-1993 and record.
4.
At the outset, it appears that by judgment and order dated 28-08-2017, the applicant was convicted for the offences punishable under Sections 7,13(1)(d), read with section 13(2) of the Prevention of Corruption Act. The maximum sentence awarded is rigorous imprisonment for two years with a fine in Special Case
(2) (ACB) No. 9/2013. He is challenging the said judgment and order before this court. During the pendency of the appeal, the sentence awarded by the learned Trial court was suspended till disposal of the appeal, and the applicant was released on bail on furnishing PB and SB of Rs. 50,000/- with one or two solvent sureties in the like amount.
5.
The applicant contended that he and his family intended to travel to South-east Asia in the ensuing winter vacation from December 2025 to January 2025. However, as he has been convicted in special Case No. 9/2013, as per the provisions of the Passport Act, no objection from the concerned court is required to apply for the issuance of the passport. Therefore, the applicant has moved this application.
6.
Having considered the above discussion as well as the mandate in the notification dated 25-08-1993, in my opinion, it would be appropriate to grant permission to travel abroad as the appeal is pending before this court. It also appears from the Aadhar Card and the contention of the applicant that the applicant has been residing at Chhatrapati Sambhajinagar for the last thirteen years. 7.
In view of the above discussion and the submissions of the learned advocate for the applicant, I deemed it appropriate to grant permission to go abroad within a period of one year from the date of passing of this order. Hence, the following order:
ORDER
a] The criminal application is allowed.
b] The applicant is permitted to go abroad within one year from the date of passing of this court.
c] The applicant shall, in advance, submit the particulars of his programme to travel abroad, i.e. the
(3) date, destination, full address where his stay would be, etc, to the Vedant Nagar Police Station, Chhatrapati Sambhajinagar. Needless to say, the Passport Authority would take into account the conditions as are incorporated in the notification dated 25-08-1993 issued by the Ministry of External Affairs, as well as the other legal requirements under the Passport Act, 1967, before issuing the passport and thereafter the travel documents in favour of the applicant.
d] After returning from the journey, the applicant shall report to the concerned police station within a week.
[ABHAY J. MANTRI, J. ] VishalK/905criapln2500.25.odt