Arun Digambar Kulkarni v. The State Of Maharashtra

Nikita 1 / 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2024.08.20 11:43:52 +0530 INTERIM APPLICATION NO.3171 OF 2024 IN CRIMINAL APPEAL NO.341 OF 2007 Arun Digambar Kulkarni ...Applicant versus The State of Maharashtra .... Respondent Mr. Madan Gupta for the Applicant.

Mr. Vinit A. Kulkarni. APP for the State.

CORAM

: SARANG V. KOTWAL, J.

DATE : 16th AUGUST, 2024 P.C. :

1. This is an application for permission to travel to Cyprus between 13th September 2024 to 15th December 2024. 2.

Heard Mr. Madan Gupta, learned counsel for the Applicant and Mr. Vinit Kulkarni, learned APP for the State. 3.

The Applicant is convicted by the Special Court Mumbai for commission of offences punishable under Sections 7, 13 (1)(d) read with 13 (2) of the Prevention of Corruption Act, 1988. The major sentence imposed on him was rigorous

2 / 4 imprisonment for three years besides imposition of fine. The Applicant has preferred Criminal Appeal No.341 of 2007 challenging the said judgment and order.

4.

The appeal is admitted and is awaiting its final disposal. The Applicant is already granted bail. 5.

Learned counsel for the Applicant submitted that the Applicant is 77 years of age, though the cause title mentions his age as 72 years. He submitted that the Applicant is suffering from various ailments. His son and his family are residing in Cyprus and he wants to visit his son. He submitted that on the past occasions he was permitted to travel abroad on certain conditions. He had duly complied with the conditions and he had returned to India, which establishes his bonafide. 6.

Learned counsel invited my attention to the last of such orders dated 4th November 2020 passed in I.A. (st.)3810 of 2020 in Criminal Appeal No.341 of 2007.

7.

Learned APP submitted that similar conditions be imposed on him, if permission is to be granted. 8.

I have considered these submissions. The

3 / 4 aforementioned order dated 4th November 2020 records that in the past, the Applicant was granted permission to travel abroad in the year 2011, 2018, and by that order in the year 2020. And on all these occasions, the Applicant had complied with the conditions and had returned to India.

9.

Considering his past conduct, I am inclined to allow this application on similar conditions. Hence, the following order:

ORDER

(a) The Applicant is permitted to travel to Cyprus between 13th September 2024 to 15th December 2024.

(b) The Applicant shall deposit the property documents in this Court as he had done earlier and shall take them back only after he returns to India.

(c) The Applicant shall inform the Prosecuting Agency i.e. AntiCorruption Bureau, Mumbai about his travel details, the flight he proposes to take, the address and the place where he proposes to

4 / 4 stay during his stay in Cyprus, his contact numbers as well as his e-mail address.

(d) The application is disposed of accordingly.

(SARANG V. KOTWAL, J.)