Arun Digambar Kulkarni v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3655 OF 2024 IN INTERIM APPLICATION NO. 3171 OF 2024 Arun Digambar Kulkarni ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH CRIMINAL APPEAL NO. 341 OF 2007 Arun Digambar Kulkarni ...Appellant
Versus
The State of Maharashtra And Anr.
...Respondents
....
Mr. Madan J. Gupta a/w Ms. Shrishti Singh, Advocate for the Applicant/Appellant.
Mr. Swapnil V. Walve, APP for the Respondent - State. ....
CORAM
:
SARANG V. KOTWAL, J.
DATE :
11th SEPTEMBER 2024 P.C.
:
1.
By the order dated 16th August 2024 passed in Interim Application No.3171 of 2024 in Criminal Appeal No.341 of 2007, I had passed the following 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.
Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2024.09.12 15:06:10 +0530 SAJAKALI LIYAKAT JAMADAR
(c) The Applicant shall inform the Prosecuting Agency i.e. Anti-Corruption Bureau, Mumbai about his travel details, the flight he proposes to take, the address and the place where he proposes to stay during his stay in Cyprus, his contact numbers as well as his e-mail address.
(d) The application is disposed of accordingly."
2.
Learned counsel for the Applicant submitted that the Registry is not accepting the documents because they stand in the name of the Applicant's wife and not in the name of the Applicant himself. He submitted that, in the past whenever he had gone abroad, he had deposited the same property documents, which stood in the name of his wife, therefore, Clause (b) of the said order can be sufficiently complied by depositing the documents of the property in the name of the Applicant's wife. 3.
I find force in the submission of the learned counsel for the Applicant. In the previous order dated 6th April 2011 passed in Criminal Application No.357 of 2011 in Criminal Appeal No.341 of 2007, the details of the documents were mentioned in Clause (ii) of the operative part. The description of the documents showed that the documents pertain to the Share Certificate and the registered conveyance of the Flat No.C1, Highway Co-operative Housing Society Ltd., Shiv Srushti, Kurla (East), Mumbai 400024. The Registry shall verify that those documents pertain to this particular
property and that they show the Applicant's wife as the owner. After such verification, the documents be accepted. The rest of the conditions mentioned in the order dated 16th August 2024 including the permission to take back the documents on his return to India are maintained as they are.
4.
The Application is disposed of accordingly.
[SARANG V. KOTWAL, J.]