((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1521 OF 2009 Guruprasad Sumanrao Shirsat Applicant versus The State of Maharashtra Respondent Prakash Naik i/by Meghashyam Kocharekar for applicant. S.S.Pednekar, APP for the State. CORAM : A.S.OKA, J. DATE : 06th April 2009 PC : 1. Heard the learned counsel for the applicant and learned APP for the State. The prayer in this application under section 482 of the Code of Criminal Procedure, 1973 is for a direction to the Police to hand over the passport of the applicant for a period of four months, as the applicant proposes to travel abroad for the reasons set out in the application. My attention has been invited to the order dated 19th December 2008 passed by this Court in Criminal Application No.4302 of 2008. By the said order, this Court directed the concerned Police Officer to hand over the passport to the ((-2-)) applicant to enable the applicant to visit Moscow for a period of three months. The said permission was granted subject to the terms and conditions incorporated in paragraphs 4 to 6 of the said order. 2. There are averments made in the present application that the applicant has fully complied with the said terms and conditions and has returned to India and has surrendered the passport. The learned APP has not disputed these factual assertions in the application. 3. In the application it is disclosed that now the applicant has been given temporary posting at Moscow by his employer. A letter to that effect has been annexed as Exhibit-F. 4. In view of the earlier order dated 19th December 2008 and compliance made by the applicant with the said order, the applicant deserves to be granted the relief which is prayed for, subject to the same terms and conditions which are incorporated in the order dated 19th December 2008. 5. Hence, I pass following order :- ((-3-)) (i) The application is allowed subject to following conditions :- (a) The applicant to furnish his address of the proposed stay in Moscow on oath duly certified by any Officer of Air India; (b) The applicant to furnish an affidavit giving his no objection for creating charge on his immovable property disclosing details thereof on oath. The original of which is to be placed on the record of this Court and photocopy thereof duly notarised by the Notary Public is to be handed over to the I.O.; (c) The applicant to produce all original title deeds of his property in the custody of the Registrar General of this Court which he shall accept; (ii) On the receipt of the said undertaking /affidavit, charge to the extent of Rs.50,000/- is deemed to have been created on the property under the orders of this Court for which applicant has no objection; ((-4-)) (iii) The I.O. subject to compliance of this order shall return the original passport, after retaining a photo copy thereof duly notarised by a Notary Public, that too, after verifying strict compliance of the above conditions. In the event of any lapse on the part of the I.O. he would be dealt with in accordance with law; (iv) The applicant shall report to the I.O. within one week from the date of his return from Moscow and shall re-deposit passport with I.O. After his reporting to the I.O., he shall be entitled to apply for return of the title deeds of his property and to lift attachment as ordered herein; (v) It is made clear that the permission granted under this order will remain in force for a period of four months from the date on which the passport is returned to the applicant; (vi) The application is disposed of in the above terms. (A.S.OKA, J.)