1 2.APPP.185.11-APLN.385.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.185 OF 2011 IN CRIMINAL APPLICATION NO.385 OF 2009 WITH CRIMINAL APPLICATION NO.385 OF 2009 Mr.Abhimanyu A. Lodha. .. Applicant. Versus State of Maharashtra and another .. Respondents. .... Mr.Rohit Sawant, Advocate for the Applicant. Mr.Harshad Bhadbhade, Advocate for Respondent No.2. Mr.J.P. Kharge, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 04TH MAY, 2011. P. C. : 1. Heard rival submissions for sometime on this application preferred during pendency of another Criminal Application No.385 of 2009. 2. Criminal Application No.385 of 2009 was earlier preferred challenging the rejection of the discharge application of the present applicant/original accused for the offence punishable under Section 306 of IPC. 2 2.APPP.185.11-APLN.385.09 3. Earlier, reportedly present applicant had visited out of India and as such had secured possession of his passport from the investigating agency. During the investigation in the matter for the offence punishable under Section 306 IPC, his passport was seized by the police. 4. Present application under consideration being Criminal Application No.185/2011 is for return of the passport for the purpose of visiting out of India to the places at Indonesia and Thailand from 15th May, 2011 till 1st week of June, 2011. 5. Learned Counsel Mr.Bhadbhade for the respondent / orig. complainant objected for grant of relief that if allowed to go out of India, the applicant may flee away and may not come back to face the trial which is yet to be started before the Sessions Court. 6. As mentioned above, earlier applicant was allowed to go out of India. When he was granted bail in the sum of Rs.25,000/- there was no condition imposed on him not to leave India. However, during the investigation his passport was seized by the police. It appears that as per the letter received from some company, which is Exhibit-D to the present application, the applicant wants to visit the 3 2.APPP.185.11-APLN.385.09 countries, as mentioned above, for the purpose of inspection of the site of installation of new hotel business. Considering the grounds, the present application is allowed with following order :- :: O R D E R :: [i] Passport of the present applicant be given to him by the Investigating Agency only after the applicant deposits a security amount of Rs.1 lakh with the Sessions Court which is seized of the pending case No.281 of 2007 on producing such receipt before the concerned investigating agency. The passport shall be returned back to the police on or before 20th June, 2011 and on such return of passport, the applicant can apply for withdrawal of the cash security of Rs.1 lakh by making appropriate application before the concerned Sessions Court. With these directions, present Criminal Application No.185 of 2011 is disposed of. [ii] Criminal Application No.385 of 2009 shall be taken before the Court on 20th June, 2011 for final hearing. (A. R. JOSHI, J.) PPD