1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO 455 /2009 IN CRIMINAL APPLN. NO. 2964 /2009 (Shri Praful Shridhar Vaidya vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. K V Thomas, Adv.for applicant Mr Anand Fulzele, APP.for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 6, 2010. Heard. The applicant was granted benefit of bail by order dated 9th September, 2009 passed in Criminal Application No. 2964/2009 which was conditional. One of the conditions was that the applicant shall surrender his passport with the Investigating officer and shall not leave the city of Nagpur without prior permission from the I.O. or the court concerned. 2. The conditions were imposed to ensure presence of the applicant at the time of trial and to prevent any possibility of abcondance of the applicant during pendency of the trial. 3. Learned APP opposed the prayer made through this application on the ground that the applicant is involved in multi-crore bank scam and if passport is 2 returned back, the chances of his abscondance or dodging the trial can not be ruled out. Under these circumstances, considering the nature of conditions imposed against the applicant, decision must be left to the Court concerned i.e. Trial Court to ensure presence of the applicant/accused at the time of trial. The trial Court may take a decision regarding returning the passport after hearing the parties. If such an application is moved by the applicant, the trial Court shall dispose of the same after hearing the parties, on merits. Liberty to the applicant to move the trial Court or the remand court if the investigation is still incomplete. The Application stands disposed of. JUDGE sahare