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Bombay High CourtAPPP/1330/2024partly allowed

Manoj S/O Arjun Ghanshani v. State Of Mah. Thr. Station Incharge Ps Sadar Nagpur

2024-09-09Hon'Ble Justice Urmila Joshi Phalke2 pages

15appp1330.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1330 OF 2024 I N CRIMINAL APPLICATION (BA) NO. 23 OF 2023 (D) Manoj s/o Arjun Ghanshani Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Amit D. bhate, counsel for the applicant. Mr. A.V. Palshikar, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/09/ 4.

1.

By this application, the applicant is seeking directions to investigating officer to release or return the passport which was surrendered by the present applicant before the investigating officer.

2.

It is submitted by learned counsel that, as per the order of this Court, the applicant has surrendered the passport before the concerning authorities. The applicant is a businessman, and he has to travel abroad for business purpose. Therefore, he would be permitted to take the passport to travel abroad, and after returning from the travel, he would again resubmit before the concerned authority.

3.

It is submitted that now the applicant has to visit Dubai as well as Bali for his business purpose. He has also placed on record the scheduled dates of his travelling that he is traveling from the 1st week of October-2024 to the 1st rkn

15appp1330.2024.odt week of November-2024 to Dubai. He has also furnished the complete address where he is intending to stay when he was on tour in Dubai.

4.

Learned APP submitted that initially he was permitted to travel, but the condition is to be imposed on the applicant, otherwise the trial against him would be held up.

5.

Considering the submissions of both learned counsel, it would be appropriate to permit the present applicant to travel abroad, and the investigating officer shall hand over the passport for their purpose.

6.

The applicant shall furnish the dates when he is traveling and when he is returning to India before the investigating officer.

7.

On returning back to India, he shall surrender his passport before the investigating officer.

8.

The applicant shall also furnish his mobile phone and detailed address before the investigating officer, where he is intending to stay.

9.

The criminal application is partly allowed and disposed of.

[URMILA JOSHI-PHALKE, J.] rkn