IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.500 OF 2009 IN CRIMINAL APPEAL NO.1013 OF 2006 Mr.Fazal Kasamali Jafar .. Applicant V/s. The State of Maharashtra .. Respondents Ms.Kranti S.S.Anand for the Applicant. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 29th , 2009. P.C. Heard rival submissions for some time. 2. It is the application for return of the passport of the applicant accused No.1. Accused No.2 was acquitted on 28th September, 2006 for the offence punishable under section 484 B read with section 120B and Section 489 C read with section 34 of Indian Peanal Code (1) and accused No.3 was convicted under section 235 (2) of the Code of Criminal procedure for the offence punishable 1 under section 489(c) read with section 34 of Indian Penal Code and both accused Nos. 1 and 3 were sentenced to suffer 7 years imprisonment and fine of Rs.50,000/- and in default of payment of fine to suffer further R.I. for six months. Reportedly, applicant accused No.1 is on bail and on earlier four occasions he was allowed to go out of India for his business visits. On this occasion he was given the passport which is reportedly in the custody of the Trial Court which had passed the impugned Judgment and order. 3. Alongwith the present application a sort of schedule is given requiring visits of the applicant for business purpose from 1st May, 2009 till 11th September, 2009. However, no any details of such various visits were given. Considering the past four visits out of India for business purpose, present application is allowed only for the limited visits till 10th June, 2009. Applicant is allowed to take his passport which is in the custody of the Trial Court on the conditions that he should deposit the cash security amount of Rs.1,00,000/- with the Trial Court. If such amount is already lying with the Trial Court on account of his earlier visits, then, there is no need to deposit additional amount of Rs.1,00,000/-. 4. While out of India applicant accused shall give his detail contact address with telephone and/or fax number to the Registry of this Court, and shall return back to his passport on or before 10th 2 June, 2009 to the Trial Court. 5. With these directions, the present application is, disposed of. (A.R. JOSHI, J.) 3