IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 243 OF 2009 CRIMINAL APPLICATION NO. 243 OF 2009 CRIMINAL APPLICATION NO. 243 OF 2009 Bhargav Bholabhai Patel ...Applicant vs. Union of India & Ors. ...Respondents Mr.U.P. Warunjikar for the Applicant. Mr.D.N. Salvi for Respondent No.1. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 29, 2009 DATED : JANUARY 29, 2009 DATED : JANUARY 29, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for modification of the order passed by the learned Additional Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai, in Case No.85/BA of 2005. 2. It is submitted that the condition imposed by the learned Magistrate of directing the applicant to deposit the passport with the Investigating Officer and not to leave India without permission of the court, should be modified. 3. It appears that the applicant had filed the similar application in this Court vide Criminal - 2 - Application No.1497/2006. This court, however, by order dated 19th June, 2006 had directed the applicant to approach the learned Magistrate first and on this direction, the application was disposed of. It was further stated in the said order that if such an application is made, the Magistrate should expeditiously decide the said application preferably within a period of six weeks from the date of filing of the application. It appears that the applicant had thereafter preferred two applications before the Magistrate which is evident from the orders of the Magistrate which are annexed at Exhibits "G" and "H". However, those applications were filed by the applicant seeking permission to go abroad which applications were allowed. No prayer was made in the said applications for modification of the earlier order passed by the learned Magistrate whereby the said condition was imposed. In this view of the matter, the second application, in my view, is not maintainable in view of the order passed by this Court in Criminal Application No.1497/2006 by order dated 19th June, 2006. 4. The applicant shall prefer an application before - 3 - the Magistrate within two weeks from today. If such an application is filed seeking modification of the order, the learned Magistrate shall decide the same, as expeditiously as possible and in any case, within a period of six weeks, on merits and in accordance with law. All contentions raised by the applicant in this application are kept open. 5. The application is, accordingly, disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)