:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3444 OF 2008 Shri Harish Muljimal Gandhi ..Applicant Vs. The State of Maharashtra and anr. ..Respondents Mr. A.H.H. Ponda for applicant. Mr. A.S. Shitole, APP for State. Ms. Usha Kejriwal for respondent no.2. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 12, 2008. Date : November 12, 2008. Date : November 12, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the applicant, the learned APP for the State and the learned Advocate for the respondent no.2. 2. By order dated 12/9/2007 the applicant came to be granted bail by the learned Magistrate, 3rd Court at Esplanade, Mumbai in R.A. No. 77 of 2008. While granting bail, condition came to be imposed on the applicant that he will submit his passport to the Customs Department within three days and he shall not :2: leave India without permission of the court. Being aggrieved by the said order, the applicant preferred an application for deletion of the said condition. The said application came to be rejected. Hence the present application. 3. The learned Advocate for the applicant has submitted that the applicant is involved in a bailable offence and in such case the condition of submitting his passport and not being allowed to leave India cannot be imposed on the applicant. The learned Advocate for respondent no.2 states that in the adjudication proceedings against the applicant, the applicant has to deposit an amount of Rs.10,00,000/- as penalty and the said amount has not yet been deposited by the applicant. Hence, to ensure the presence of the applicant, at this stage, the passport may not be returned to the applicant. 4. It is seen that by order dated 25/3/2008 this court had granted permission to the applicant to travel abroad. Pursuant to the said order the applicant travelled abroad and came back to India. In :3: view of the above facts, I am inclined to pass the following order:- [i] The applicant is granted permission to go abroad subject to compliance with following conditions:- [a] The applicant shall deposit a sum of Rs.2,00,000/- in this court. On proof of deposit of the sum of Rs.2,00,000/-, respondent no.2 shall hand over the passport of the applicant to him. [b] At the time of receiving passport the applicant shall give the detailed itinerary relating to his travel abroad to respondent no.2 including the address and contact numbers on which he can be contacted while he is abroad. [c] The applicant shall report to the respondent no.2 within a period of seven days from his return to India and shall hand over :4: his passport to respondent no.2. After the applicant surrenders his passport, the cash deposit of Rs.2,00,000/- shall be returned to the applicant. [d] Till the conclusion of the trial, the applicant shall follow the aforesaid procedure for return of passport for temporary period whenever the applicant requires to travel abroad. [ii] Parties and the concerned authorities to act upon an authenticated copy of this order. [iii] Criminal Application is disposed of. (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)