bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION MISC. MISC. MISC. CRIMINAL APPLICATION NO. 178 OF 2008 CRIMINAL APPLICATION NO. 178 OF 2008 CRIMINAL APPLICATION NO. 178 OF 2008 Mangesh T. Sawant ... Applicant (Ori.Petitioner) v/s 1. The State of Maharashtra & anr. ... Respondents Mr.A.H.H.Ponda i/by Mr.Rohit Shetty for the applicant. Mr.D.P.Adsule, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 26TH JUNE, 2008 26TH JUNE, 2008 26TH JUNE, 2008 P.C. P.C. P.C.: 1. By this miscellaneous application in Writ Petition No.1120 of 2008, the petitioner has sought the modification of the order passed by me on 9.6.2008. The petitioner was directed to furnish an undertaking before the Trial Court that he would attend the concerned police station at 10.00 from 7.7.2008. This undertaking was to be filed before the passport was handed over to the petitioner. The passport has been returned to the petitioner. However, because of the delay in getting visas for his sojourn abroad he was unable to undertake his tour on 16.6.2008. This application has been filed contending that the petitioner would be able to undertake the journey in the tour commencing from 2 27.6.2008 at about 11.30 p.m. and ending on 18.7.2008 at 10.00 a.m. if permitted by this Court. An itinerary for the travel is annexed to the miscellaneous application. 2. The learned A.P.P. opposes any modification of the order as he submits that it is not possible for the police to verify the itinerary and to give their consent for the journey at such short notice. He submits that if the petitioner is permitted to travel then in all probability he will not return or attend the police station as and when required. Nor will the petitioner co-operate with the investigating agency in the C.R.No.19 of 2007, according to the learned A.P.P. 3. The places where the petitioner wishes to visit are the same as contained in the itinerary annexed to the writ petition. The petitioner has stated that it was because of the delay in obtaining visas for the travel that he could not undertake the journey on 16.6.2008. There is no case pending in the Magistrate’s Court against the petitioner in respect of C.R.No.19 of 2007, nor is there any order of any Court restraining him from travelling abroad. The only apprehension of the police is that the petitioner would not co-operate with the investigations in the aforesaid C.R.No.19 of 2007 and 3 would not attend the police station as and when required. 4. In my opinion, the apprehension of the police can be allayed by the following order:- O R D E R R D E R R D E R (i) An undertaking shall be furnished by the petitioner before the 19th Court, Esplanade, Mumbai, stating that he will attend the concerned police station at 10.00 a.m. on 19.7.2008. (ii) That undertaking shall be filed by tomorrow at 2.00 p.m. It is only on this condition that the petitioner can travel abroad. (iii) Application disposed of accordingly. Parties to act on the authenticated copy of this order.