IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CRIMINAL CRIMINAL CRIMINAL APPLICATION No. 4302 of 2008. APPLICATION No. 4302 of 2008. APPLICATION No. 4302 of 2008. Guruprasad Sumanrao Shirsat ..Applicant. Vs. The State of Maharashtra ..Respondent. Shri M. K. Kocharekar, Advocate for the Applicant. Shri J. P. Yagnik, A.P.P. for the Respondent. CORAM: CORAM: CORAM: V.C. DAGA,J. V.C. DAGA,J. V.C. DAGA,J. DATED: DATED: DATED: 19.12.2008. 19.12.2008. 19.12.2008. P.C.:- P.C.:- P.C.:- 1. Heard. Perused the application. 2. The applicant has moved this application with a prayer to seek direction against the Police Officer, Borivali Police Station, Mumbai to hand over the passport to the Applicant since in discharge of his official duties, he is required to go to Moscow for a period of three months. 3. A certificate issued in this behalf by the National Aviation Company of India Limited (AIR INDIA) dated 26.11.2008 duly signed by the Dy. Manager-Finance, is placed on record. ( 2 ) 4. Today, another original letter issued by the Deputy General Manager Finance is produced on record, which is in the nature of temporary transfer order dated 15.12.2008 wherein the effective date of transfer is shown as 22.2.2008. The said transfer is for a limited period of three months. Details of which are to be found in the said letter. Photocopy of the said letter is placed on record. As stated, on these facts, the Applicant wants to go abroad. 5. The prayer made is opposed by the learned A.P.P. appearing for the State contending that the applicant is facing prosecution for misappropriation of huge funds. The possibility of his not returning back and making himself not available for trial cannot be ruled out. He, thus, submits that if at all order is to be granted in favour of the Applicant it should be subject to stringent condition and also making room for recovery of expenses in the event the ( 3 ) Government is required to take steps and spend money for getting his presence in India. 4. Having heard both parties, the prayer made in the application is granted subject to the following conditions:- (a)The applicant to furnish his address of the proposed stay in Moscow on oath duly certified by any Officer of Air India. (b) The applicant to furnish an affidavit giving his no objection for creating charge on his immovable property disclosing details thereof on oath. The original of which is to be placed on the record of this Court and photocopy thereof duly notarised by the Notary Public is to be handed over to the I.O. (c) The applicant to produce all original title deeds of his property in the custody of the Registrar General of this Court which she shall accept notwithstanding written records winter vacation. 5. On the receipt of the said undertaking charge to the extent of Rs. 50,000/- is deemed to have been created on the property under the orders of this Court for which applicant has no objection. ( 4 ) 6. I.O. subject to compliance of this order shall return original passport, after retaining photo copy thereof duly notarised by a Notary Public, that too, after verifying strict compliance of the above conditions. In the event of any lapse on the part of the I.O. he would be dealt with in accordance with law. 6. The applicant shall report to the I.O. within one week from the date of his return from Moscow and shall redeposit passport with I.O. After his reporting to I.O., he shall be entitled to apply for return of the title deeds of his property and to lift attachment as ordered herein. 7. Application is disposed of in terms of this order. (V.C. (V.C. (V.C. DAGA,J) DAGA,J) DAGA,J)