- 1 - 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 CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2032 OF 2008 APPLICATION NO.2032 OF 2008 APPLICATION NO.2032 OF 2008 Pruthvirajsingh @ Aniruddhsingh Jadeja ...Applicant vs. The State of Maharashtra & Others ...Respondents Mr.M.K.Kocharekar i/b M/s. Rajeev Sawant & Associates. Mr.Y.S.Shinde, A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JULY 23,2008 : JULY 23,2008 : JULY 23,2008 P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the Applicant and the learned A.P.P. for the Respondent-State. 2. The Applicant is facing the prosecution for offences under sections 120-B, 364(A), 365, 387, 302, 201 of the Indian Penal Code. By order dated 27th July 2006 passed by the learned Additional Sessions Judge the Applicant was ordered to be enlarged on bail. As a condition for grant of bail, the Applicant was directed to surrender his passport. 3. On an application made by the Applicant, the learned Sessions Court passed an order dated 12th April 2006 permitting the Applicant to go out of India from 19th April 2006 to 9th May 2006. However, the Applicant could not go out of India as according to him he could not procure Visa. Thereafter, a fresh application was made by the Applicant seeking permission to go abroad. The said application was - 2 - rejected by order dated 9th July 2007 by the learned Additional Sessions Judge by observing that though permission was granted earlier, the Applicant did not deliberately go out of India. The second ground for rejection of the Application is that the charge sheet has already been filed. 4. The learned counsel for the applicant has tendered an Affidavit cum undertaking dated 21st July 2008 affirmed by the Applicant. The Applicant has stated that he intends to visit Singapore from 30th July 2008 to 10th August 2008. He has stated that if he is granted Visa to visit United Kingdom, he will visit United Kingdom from 10th August 2008 to to 10th September 2008. Paragraph 3 to 8 of the said Affidavit read thus : (3) I say that I intend to go to Singapore for my business purpose on 30th July 2008 and would stay at Singapore at Hotel Park Royal, 181 Kitchener Road, Singapore - 208533 having Tel.no. =6564283000. (4) I say that as the Programme of U.K. is yet to be finalized as it depends upon getting visa. (5) I say that as and when I get visa for U.K. I will intimate the Police Station about the same and will provide itinerary of the tour and also give them the - 3 - address where I will be staying in U.K. as well as my contact number in U.K. (6) I say that I intend to get the passport to trave abroad for 45 days after leaving Mumbai for Singapore and U.K. I say that I initially intend to stay at Singapore for a period of approximately 10 days from 30th July 2008 to 10th August 2009 and approximately 30 days at U.K. fom 10th August 2008 to 10th September 2008. (7) I say that for the above said purpose I require my Passport for applying for Visa for my tour. And the dates mentioned above are the tentative dates of my tour. Once I get my Visa I will provide with the proper dates and the itinerary of teh tour. (8) I say that on my return to India I shall immediately deposit my passport with DCB/CID Crime Unit 1 of Mumbai on or before 15th September 2008 or thereabout. 5. In view of the statements made on oath and in view of the fact that on earlier occasion the Applicant was permitted to visit abroad, a permission deserves to be granted to the Applicant to visit Singapore and United Kingdom. 6. Hence, Application is disposed of by passing the following - 4 - order : i) The statements made by the Applicant in the Affidavit dated 21st July 2008 are accepted. ii) The passport shall be returned to the Applicant on production of an authenticated copy of this order. iii) The order dated 9th July 2007 is set aside. iv) A permission is granted to the Applicant to visit Singapore from 30th July 2008 to 10th August 2008 and to visit United Kingdom from 10th August 2008 to 10th September 2008 subject to condition of complying with the undertakings contained in paragraphs 3 to 8 of the Affidavit dated 21st July 2008. v) The applicant shall redeposit his passport with the concerned Investigating Officer on or before 15th September 2008. vi) Parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE