1 APPW.484.10-WP.2331-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.484 OF 2010 IN CRIMINAL WRIT PETITION NO.2331 OF 2009 --------- WITH CRIMINAL WRIT PETITION NO.2331 OF 2009 Mr.Chandraprakash Srivastav. .. APPLICANT/ PETITIONER. Versus State of Maharashtra and another. .. Respondents. .... Mr.A.M. Saraogi, Advocate for the Applicant. Mr.S.A. Shaikh, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 03rd MAY, 2011. P. C. : 1. Heard rival submissions for sometime on this application preferred by the applicant/accused. This application is preferred for return of his passport for going out of India to UAE to attend his business. During pendency of the Sessions Case bearing No.638/2008 the passport of the present applicant was directed to be deposited with the Sessions Court when bail was granted to him. 2 APPW.484.10-WP.2331-09 In the said Sessions Case, charge was framed against the applicant on 12.8.2009 for the offences punishable under Sections 376, 417 & 506 of IPC. Said order of framing of charge is challenged by the petitioner by Writ Petition No.2331 of 2009. Vide order dated 5.4.2010 this Court has stayed the proceedings before the Sessions Court and in that eventuality the present applicant/accused had approached this Court for return of passport for a limited period. 2. Criminal Writ Petition though required to be taken for final hearing, it cannot be done prior to ensuing Summer Vacation and till that time on certain conditions the applicant can be allowed to have his passport. Hence, the order : :: O R D E R :: [i] Criminal Writ Petition No.2331/2009 is stand over beyond vacation till 21st June, 2011. [ii] The passport of the present applicant reportedly lying with the Sessions Court which is seized of the Sessions Case No.638 of 2008 be given back to him by the said Court on deposit of additional security amount of Rs.1 lakh (Rs.One Lakh Only) with 3 APPW.484.10-WP.2331-09 the office of the said Sessions Court. This order is effective till the next date fixed for the Writ Petition No.2331/2009. On or prior to such next date, the petitioner shall deposit his passport back to the concerned Sessions Court and in that eventuality he can apply for return of the additional security amount of Rs.1 lakh. With these directions, Criminal Application No.484/2010 is disposed of. [iii] Registry to issue appropriate directions to the concerned Sessions Court immediately, for compliance. (A. R. JOSHI, J.) PPD