1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.472 OF 2011 IN CRIMINAL REVISION APPLICATION NO.475 OF 2011 Hrishikesh Dattaram Sherlekar Applicant versus Divyashri Hrishikesh Sherlekar and another Respondents Mr.Pratap Patil for applicant. Mr.Ganesh Gole for respondent no.1. Ms.S.V.Gajare, APP for State. CORAM : RANJIT MORE, J. DATE : 13th December 2011 PC : 1. Heard learned counsel for the respective parties. The application is filed seeking relaxation of condition of surrendering the applicant's passport to learned JMFC, Vashi. Condition to that effect was imposed vide order dated 10th October 2011 in Criminal Revision Application No. 475 of 2011 by this Court. 2. The applicant is an accused in CR No.66 of 2008 filed under sections 498-A, 406, 325 read with section 34 of the Indian Penal Code registered at Nerul Police Station at the instance of respondent no.1-wife. The applicant's mother and sister are also co-accused. The mother and sister of applicant are granted anticipatory bail and the applicant was released on regular bail by learned JMFC, Vashi dated 3rd March 2008. 3. During pendency of the investigation of above CR No.66 of 2008, another crime was registered against the applicant and one Shashikant Ahire at the instance of respondent no.1 herein being CR No.50 of 2008 2 under sections 307 read with section 34 of IPC.. The applicant got bail vide order dated 6th January 2009 of learned Additional Sessions Judge, Mangaon. Charge sheet came to be filed in CR No.50 of 2008 on 15th May 2009. The application filed by respondent no.1 to cancel the bail granted to applicant and his mother and sister in CR No.66 of 2008 came to be rejected by learned Magistrate. Respondent no.1 moved Sessions Court, Thane for cancellation of bail of applicant, his mother and sister in CR No.66 of 2008. The learned Additional Sessions Judge, Thane cancelled applicant's bail vide order dated 30th September 2011. Vide order dated 10th October 2011, this Court allowed the Revision Application filed by the accused, set aside the order of cancellation of bail of applicant in CR No.66 of 2008 and imposed condition of surrendering passport of the applicant before the Trial Court. Accordingly, the applicant has surrendered his passport. 4. The applicant is working as Sales Manager in Tata Consultation Services (`TCS' for short). The applicant is required to travel abroad for business meetings. It is submitted that the Australian Embassy has granted to the applicant business visa for one year commencing from 2nd November 2011 to 2nd November 2012. It is the case of the applicant that his employer TCS had scheduled applicant's visit at Australia for business meeting from the week commencing from 12th December 2011. As the passport of the applicant is in custody of learned Magistrate, Vashi his visit is postponed to 19th December 2011. It is further submitted on behalf of the applicant that on the basis of the business visa, the applicant can say in Australia for a maximum period of three months at a time and applicant's business visit is for a period of five days. 5. The applicant in support of his contention has annexed copy of passport and copy of visa at pages 19 to 21. The copy of visa supports the contention of petitioner that he has been granted business visa by Australian Embassy for one year. Page 21 is the communication issued by TCS to the applicant under which the applicant is required to travel to 3 Australia for business meeting for a period of five days commencing from 12th December 2011. 6. In above facts and circumstances of the case, I am of the view that the condition imposed of surrender of passport is required to be relaxed insofar as present business visit of the applicant to Australia is concerned. The criminal application is, therefore, disposed of by passing following order : (a) The applicant is permitted to apply to learned JMFC, Vashi for return of passport for his ensuing business meeting at Australia along with copy of itinerary; (b) The learned JMFC, Vashi shall return the passport of the applicant for the period mentioned in the itinerary and for two more days thereafter; (c) The applicant shall return the passport to learned JMFC, Vashi within two days after his return from Australia. 7. It is made clear that applicant's request for release of passport is limited to his present visit at Australia and I have not considered the prayer of applicant for relaxation of condition permanently. (RANJIT MORE, J.)