1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.553 of 2010 In Criminal Appeal No.1006 of 2002 Shri Ramesh Taurani Applicant Vs. The State of Maharashtra & anr. Respondents Mr.A.H.H.Ponda for applicant. Mrs.P.P.Shinde, APP for State. CORAM: B. H. MARLAPALLE & A.A. SAYED, JJ. April 23, 2010. P.C. 1. Heard Mr.Ponda, the learned counsel for the applicant and Mrs.Shinde, the learned APP. 2. The applicant is intending to go abroad in connection with some family functions. He stated that he would be visiting New York 2 from 24/4/2010 to 19/5/2010 (24/4/2010 to 30/4/2010 to visit his daughter and thereafter from 30/4/2010 to 19/5/2010 he has to visit Turks and Caicos Island to meet his sister-in-law) and he would return to Mumbai on 20/5/2010. In the third phase he proposes to visit Sri Lanka from 1/6/2010 to 10/6/2010 and in the fourth phase he proposes to visit Sri Lanka in connection with his daughter’s wedding from 5/7/2010 to 25/7/2010. He, therefore, prays for permission for his travel abroad on the terms and conditions set out by this Court as per the earlier order dated 2nd May 2005 passed in Criminal Application No.1369 of 2005. 3. Mrs.Shinde, the learned APP, on instructions, states that the State has no objection for giving permission to the applicant for his foreign tour but insists that the terms and conditions should be as set out in the order dated 4th February 2009 passed in Criminal Application No.109 of 2009. In this order dated 4th February 2009 this Court had noted that Criminal Appeal No.1006 of 2002 which is filed by the State Government against the acquittal of the applicant was listed for final hearing and, therefore, stringent conditions were required to be imposed to ensure his presence in the event the order in the appeal would be adverse to him. He was, therefore, permitted to go abroad only on his furnishing two sureties in the 3 sum of Rs.10,00,000/- (Rupees ten lakhs only) to the satisfaction of the Registrar, Sessions Court, Mumbai. 4. In the order dated 2/5/2005 the applicant was directed to furnish solvent surety in the sum of Rs.10,00,000/- (Rupees ten lakhs only) for his permanent carrying out the conditions set out at Sr.Nos.(i) to (iv) in the said order and that surety has been furnished to the Prothonotary and Senior Master of this Court which is valid even as of now. Thus the applicant prays to exempt from additional two sureties to be furnished to the satisfaction of the Registrar, Sessions Court, Mumbai. 5. Session Case Nos.15 of 1998, 448 of 1998, 1473 of 1998, 18 of 2000 and 365 of 2001 came to be decided by a common judgment dated 30/4/2002 and this applicant (original accused no.11) came to be acquitted along with accused no.16. The State of Maharashtra has filed Criminal Appeal No.1006 of 2002 against the order of acquittal passed in favour of the applicant as well as accused no.16. In addition Criminal Appeal No. 878 of 2002 has been filed by accused no.19 who has been convicted by the said common order 29/4/2002. Mr.Ponda, the learned counsel for the applicant states across the bar that one of the absconding accused was 4 subsequently arrested by the police and, therefore, trial in his case has been reopened by registering a separate sessions case and, therefore, the R. & P. has been returned to the trial Court. Under these circumstances, Criminal Appeal No.878 of 2002 as well as Criminal Appeal No.1006 of 2002 are not likely to be listed for final hearing in the near future and, therefore, Mr.Ponda submitted that the condition of giving additional two sureties in the sum of Rs.10,00,000/- each should be done away with. 6. We find merit in these contentions and more so having regard to the track record of the applicant. During the last about eight years he was permitted to travel abroad on more than 15 occasions and he has not misused the facility or has acted in breach of any of the conditions. He has immovable assets worth Rs.30 crores at Mumbai and actively involved in the film making industry. 7. Hence this application is allowed and the applicant is granted permission to visit New York, Turks and Caicos Island and Sri Lanka as per the itinerary ending on 25th July 2010 that he shall submit to the concerned police station within one week from today and on the following conditions: 5 (i) that the solvent surety submitted to the Prothonotary and Senior Master of this Court in the sum of Rs.10,00,000/- (Rupees ten lakhs only) shall be renewed in case it is not valid as of now. (ii) He shall file an undertaking that he would be present on the date when Criminal Appeal No.1006 of 2002 is taken up for final hearing. (iii) On his return from each of these countries, he shall submit an affidavit to the Registrar (Judicial) of this Court with a copy to the concerned police station informing that he has returned from the respective country on every occasion. (A.A. SAYED, J.) (B. H. MARLAPALLE, J.)