← Library
Bombay High CourtIA/3576/2025disposed off

Tariq Abdul Karim Parveen @ Tariq Parveen v. State Of Maharashtra And ANR

2025-12-10Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak3 pages

rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3576 OF 2025 IN CRIMINAL APPEAL NO.639 OF 2007 Tariq Abdul Karim Parveen @ Tariq Parveen ....Applicant V/S State of Maharashtra & Anr.

....Respondents Mr.B.B. Tiwari a/w Akshata Shinde for the Applicant. Ms.Sangeeta Shinde, APP for the State.

CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ DATE :

10th DECEMBER, 2025.

P.C.

On being convicted by the Sessions Court vide Judgment and Order dated 13/06/2007, for committing IPC Offences as well as offence under Section 3(1),(2),(3),(4) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), the present Appeal is filed, which is admitted, and the Appellant is released on bail. In the pending Appeal, the Appellant has preferred Interim Application for permission to travel abroad.

As directed on the previous date, the learned APP has filed an Affidavit of the Assistant Commissioner of Police, D South, Crime Branch, Mumbai. The Affidavit is taken on record. 1/3

The Affidavit proceed to state that there are two other cases pending against the present Appellant and in CR No. 45/2020 registered with DCB CID, Unit 1, the trial is pending before the Court of Additional Chief Metropolitan Magistrate. Another case under MCOCA is also pending before the 57th Sessions Court, Mumbai, where the trial is on the way and 11 witnesses are already examined. As far as the present Appeal is concerned, which is already admitted by this Court, we have noted that in the past, the Applicant was permitted to travel abroad upon appropriate application being preferred and the orders are annexed alongwith the present Application. From the said orders it is evidently clear that on various occasions during the pendency of the Appeal, the Applicant was permitted to travel abroad subject to certain stipulations. It is also pertinent to note that the Passport of the Applicant is deposited with the Registrar, Sessions Court and if he is permitted to travel, he must also secure his Passport.

The present Application only seek permission to travel abroad and is not accompanied with any plan for travel. However, by making it clear that we are only granting permission to travel abroad during the pendency of Appeal, but in the wake of the other criminal cases pending against him, it will be imperative for him to obtain necessary orders from the courts before whom the trial is pending. In such circumstances, since we see no difficulty in permitting him to travel abroad, during the pendency of the Appeal filed in the year 2007 and since in the past also he was permitted to travel abroad, we permit the Applicant to apply for return of his Passport to the Registrar, City Civil & Sessions Court upon furnishing the 2/3

necessary itinerary and direct him to deposit the Passport once he come back to the country.

The itinerary shall be produced before the City Civil Court, and a copy of the same shall also be furnished to the concerned Police Station.

In the wake of above, Interim Application stand disposed of. [SHYAM C. CHANDAK, J.] [BHARATI DANGRE, J.] 3/3