Surekha Baburay Salunke v. Central Bureau Of Investigation Anti Corruption Branch And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 5349 OF 2024 IN CRIMINAL APPEAL NO. 363 OF 2010 Baburay Pundalik Salunke ... Applicant

Versus

Central Bureau Of Investigation and Ors.

... Respondents WITH CRIMINAL INTERIM APPLICATION NO. 5356 OF 2024 IN CRIMINAL APPEAL NO. 166 OF 2012 Baburay Pundalik Salunke ... Applicant

Versus

Central Bureau Of Investigation and Ors.

... Respondents WITH CRIMINAL INTERIM APPLICATION NO. 5337 OF 2024 IN CRIMINAL APPEAL NO. 167 OF 2012 Surekha Baburay Salunke ... Applicant

Versus

Central Bureau Of Investigation and Ors.

... Respondents .............

Mr. Dileep Satale a/w. Padma Chinta, Advocates for the Applicant in IA/5349/2024; IA/5356/2024 and IA/5337/2024.

Mr. Shreeram Shirsat, Special P. P. a/w. Mr. Shekhar V. Mane, Advocates for the Respondent No.1 - CBI.

Mr. K.C.Shinde, APP for the State.

Ms. Neha M. Patil, APP for Respondent No.3 in IA/5349/2024; IA/5356/2024 and IA/5337/2024.

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CORAM

: SHIVKUMAR DIGE, J.

DATED : 3rd APRIL, 2025.

P. C. :

1.

Criminal I.A. No. 5356 of 2024 in Criminal Appeal no. 166 of 2012 and Criminal I.A. No. 5337 of 2024 in Criminal Appeal no. 167 of 2012 are not on board. The same are taken on board. 2.

Learned Special P. P. tendered affidavit in reply. The same is taken on record.

3.

It is contention of learned counsel for the applicants that the applicants have been convicted by the learned Trial Court. The applicants have challenged the said conviction by way of appeal. The appeal is pending before this Court since year 2010. The applicants wish to travel Canada for the a period of six months commencing from May-2025 to November-2025, hence requested to allow the applications. Learned counsel for the applicants also prays for issuance of passport. The applicants have filed application for issuance of passport is pending before the passport Authority.

4.

Learned APP strongly objected to allow the applications on the ground that applicants have been convicted. If they permitted to travel abroad, they may abscond and requested to reject the applications. 5.

I have heard all learned counsel. The applicants have been 2/3

challenged their conviction. They intends to travel abroad. They are citizen of India. In view of above, I pass following order.

ORDER

i.

All Interim Applications are allowed.

ii.

The applicants are permitted to travel abroad from May2025 to November-2025, the applicants shall provide itinerary of their travel to Investigating Office and their contact numbers while they were in abroad.

iii.

Learned passport Authority shall decide the applications filed by the applicants on its own merit.

6.

All Interim Applications are disposed of.

( SHIVKUMAR DIGE, J.) Digitally signed by SONALI SATISH KILAJE Date:

2025.04.08 11:49:34 +0700 SONALI SATISH KILAJE 3/3