1 1718.11-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO. 1718 OF 2011 Mr.Dinesh Anant Kadam and another. ... Petitioners. V/s. State of Maharashtra. ... Respondents. Dundappa B. Patil for the petitioners. Mrs.M.R.Tidke, APP for the State. CORAM: B.R.GAVAI, J. DATED : 5th July 2011. P.C. : Rule. Rule is made returnable forthwith. Petition is heard finally by consent of parties. 2. The petitioners have approached this Court being aggrieved by that part of the order dated 13th June 2011 by which, though the application filed by the present petitioners was allowed, exemption from appearance was granted only for one date. 3. The petitioners along with their son are accused in Criminal Case No.224/2010 for the offence punishable under section 498-A and other offences. 4. The son of the petitioners is residing in United States. Since the petitioners desire to reside with him for sometime, they made an application 2 1718.11-wp to the Magistrate for exemption from appearance. The learned Magistrate considering the apprehension raised on behalf of the prosecution observed that since the visa of the petitioners is for a limited period, the apprehension is ill founded. However, the learned Magistrate instead of granting permission to them granted exemption from appearance only for one date. 5. I find that the since learned Magistrate himself has found that the apprehension of the prosecution is without any basis then the Magistrate ought to have granted permission to the petitioners for a longer period. It cannot be expected of the petitioners to go to United States and return back within a short period. 6. In that view of the matter, the impugned order passed by learned Magistrate dated 13th June 2011 is modified to the following extent: 7. The Petitioners are allowed to travel United States. They shall be exempted from their appearance in the trial Court till 31st December 2011 on their executing personal bond in the sum of Rs.1 lakh each and further they shall give an undertaking to the learned trial Court that they will attend the trial regularly from January 2012. 8. Rule is made absolute in terms of this order. 9. All concerned to act on an authenticated copy of this order. (B.R.GAVAI, J.)