Nisha Srivastava v. The State Of Maharashtra And ANR

45-IA-4092-2024.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4092 OF 2024 IN CRIMINAL APPEAL NO.340 OF 2011 Nisha Srivastava ] Applicant Vs.

The State of Maharashtra and another ] Respondents .....

Mr. Rahul Arote, for Appellant.

Mr. S.H. Yadav, A.P.P, for Respondent No.1 - State. Mr. Kuldeep S. Patil a/w Mr. Dhavalsinh V. Pati, a/w Mr. Ashish Srivastava, for Respondent No.2 - C.B.I.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 15th January, 2025.

P.C:

1.

By this Interim Application, applicant - Nisha Srivastava - widow of the main accused has prayed for directing respondent No.2 - C.B.I to hand over her passport bearing No. X-8619123 as she intends to travel to Singapore to see her daughter who has settled over there.

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.01.16 14:48:17 +0530

45-IA-4092-2024.doc 2.

Mr. Patil, learned Counsel appearing for the C.B.I expresses apprehension that in case the applicant is allowed to travel abroad, she may settle with her daughter in Singapore. It will hamper the appeal pending before this Court.

3.

As a matter of fact, there is no basis for such an apprehension for the C.B.I in light of the fact and as contended by the Counsel for the applicant that the applicant has her son and grand children in India. However, in any case, as and when the applicant furnishes her itinerary to travel abroad, she is at liberty to apply freshly for return of her passport from the C.B.I.

4.

In that view of the matter, nothing survives in this application and hence, it stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]