Anil Laxmichand Menda v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1514 OF 2025 IN CRIMINAL APPEAL NO. 20 OF 2017 Anil Laxmichand Menda ... Applicant

Versus

State of Maharashtra & Anr.

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

Mr. Sajid Sayed a/w. Mr. Rahul Agarwal and Jasmin Purvani, Advocates for the Applicant.

Mr. P. P. Malshe, APP for the State.

Mr. Amit Munde, Special P. P. a/w. Jai Vohra, Advocates for CBI. Mr. Ayush Singh, Advocate for Applicant in IA/4013/2024. Mr. Himagn Malik i/b. R. Satyanarayan, Advocate for the Appellant in Criminal Appeal No. 52 of 2017.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 6th MAY, 2025.

P. C. :

1.

By this application, the applicant is seeking modification of the condition imposed in bail order passed by the Special Judge for CBI dated 15.07.2020.

2.

It is contention of learned counsel for the applicant that he has been convicted for five years. He has undergone for more than 4 years of the sentence. The applicant is a businessman. As per the condition of 1/3

this Court, his passport is surrendered before the Investigating Officer and the applicant has to take permission of the Trial Court before leaving India. Every time he is finding it difficult to take permission, hence requested to relax the condition.

3.

Learned Special P.P. strongly objected to allow the application on the ground that the applicant has been convicted. If passport is returned to him, he may abscond or may not returned for hearing of the appeal and requested to reject the application.

4.

I have heard both the learned counsel. The applicant has been convicted and sentenced to suffer imprisonment for five years. Out of five yeas he has undergone more than for years. He has preferred the appeal against the conviction. He is citizen of India. Considering these facts, I pass following order :

ORDER

i.

The Interim Application is allowed.

ii.

The Investigating Officer is directed to return the passport of the applicant.

iii.

The applicant shall furnish itinerary and his contact numbers to the Investigating Officer while going abroad every time.

iv.

Condition Nos. 3 and 4 of the order dated 15.07.2020 2/3

imposed on the applicant are relaxed.

v.

The applicant shall inform the Investigating Officer after returning from abroad.

5.

Interim Application is disposed of.

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

2025.05.08 15:56:28 +0700 SONALI SATISH KILAJE 3/3