Virendra Devidas Doke v. The Central Bureau Of Investigation A.C.B. And ANR.

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2804 OF 2024 IN CRIMINAL APPEAL NO. 317 OF 2022 Virendra Devidas Doke ..Applicant

Versus

The Central Bureau of Investigation A.C.B.

and another.

..Respondents __________ Mr. Aklesh Khupade i/b. Samadhan Kashid for Applicant. Mr. Kuldeep Patil for C.B.I./Respondent No.1. Mr. Vinit A. Kulkarni, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 23 AUGUST 2024 PC :

1.

This is an application for permission to travel to Oman up to 09.09.2024. The applicant was the original Accused No.2 in C.B.I. Special Case No.25 of 2016 before the Special Judge, CBI, Sessions Court, Greater Bombay. The applicant was convicted for commission of offence punishable U/s.12 of the Prevention of Corruption Act, 1988 and was sentenced to suffer R.I. for three years and to pay a fine of Rs.3000/- and in default to suffer S.I. for six months. The applicant has challenged that Judgment and order Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.08.26 11:30:26 +0530 VINOD BHASKAR GOKHALE

before this Court vide the Criminal Appeal No.317 of 2022. The appeal is admitted and the applicant was granted bail pending his appeal.

2.

Learned counsel for the applicant submitted that, a coordinate bench of this Court (Coram: M. S. Karnik, J.) had allowed the renewal of the Passport. Consequently, the applicant's passport was renewed for 10 years. The applicant is in the business of import and export of food products and, therefore, in connection with this business, he has to travel to Oman. Learned counsel submitted that the Appeal is not likely to be decided in near future and, therefore, the applicant's application be considered sympathetically. Learned counsel submitted that the applicant has residential property in Pune and he is willing to deposit the title documents in respect of that property by way of security. 3.

Learned counsel for the Respondent No.1 objected to grant of such permission. He submitted that, if permission is to be granted, some conditions be imposed on him to ensure his presence.

4.

Considering these submissions, since the Appeal is not likely to be decided in a reasonable near future, I am inclined to allow this application with certain conditions. 5.

Hence, the following order:

O R D E R

i) The Applicant is permitted to travel to Oman up to 09.09.2024.

ii) The investigating agency shall handover the passport of the applicant for that purpose.

iii) On his return to India, the applicant shall redeposit his passport with the investigating agency.

iv) At the time of taking back the passport, for a limited duration, the applicant shall handover the original title documents of his residential flat in Pune, to the investigating agency.

v) On his return to India, the original title documents be returned to the applicant by the investigating agency.

vi) The applicant shall execute the P. R. bond of Rs.50000/-.

vii) The applicant shall give details of his itinerary, the contact details and the place where he would reside in Oman, to the investigating agency at the time of taking back his passport.

viii) With these directions, the application is disposed of.

(SARANG V. KOTWAL, J.)