1 cr-apl-3462-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.MISC. APPLN. NO. 3462 OF 2010 IN CRI.APPLICATION NO. 5123 OF 2004 Mr. Gautam Khanduja ..Applicant [Ori.Accused] Vs. State of Maharashtra ..Respondent .... Mr. S.V.Marwadi i/b Smt.Shobha Salvi and Neha Bhide for Applicant Smt. M.M.Deshmukh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : AUGUST 31, 2010 P.C.: 1 Heard the learned advocate for the applicant and the learned APP for the State. 2 The applicant is seeking two reliefs, the first relief is that the passport of the applicant which is with Versova Police Station, Mumbai, expires on 7.10.2010 hence, the passport may be returned to the applicant for renewal of the said passport. The second prayer is that the 2 cr-apl-3462-10 condition imposed on the applicant by this Court by order dated 11.11.2004 directing that he shall not leave country without prior permission of the Court, may be vacated. 3 The applicant is facing prosecution in CR No. 271 of 2004 of Versova Police Station, Mumbai. The said case is numbered as CC No. 242 of 2005. By order dated 26.8.2008 the applicant was granted permission to leave India from 14th September, 2008 to 28th September, 2008 and from 6th October, 2008 to 20th October, 2008. Thereafter also the applicant has been traveling abroad from time to time. 4 By order dated 27.8.2008 this Court directed that the passport of the applicant be handed over to the applicant for getting it renewed and to enable him to travel abroad during the period mentioned in the order dated 27.8.2008. Thereafter, the passport was handed over to the applicant and he renewed the same. 5 It is an admitted fact that the applicant traveled abroad from 14.4.2005 to 30.4.2005, 10.6.2005 to 15.7.2005, 10.10.2005 to 22.10.2005, 7.8.2006 to 29.9.2006, 18.10.2006 to 16.11.2006, 14.4.2007 to 29.4.2007, 14.9.2008 to 28.9.2008, 23.2.2009 to 17.4.2009, 3 cr-apl-3462-10 20.8.2009 to 30.11.2009 and 8.2.2010 to 11.2.2010 and he has returned back to India and handed over his passport back to the police. In this view of the matter, I do not see any impediment in passing the same order. Hence, the passport be handed over to the applicant to enable him to renew the same. 6 As far as the second prayer is concerned, it is seen that on numerous occasions, from the year 2005 to February, 2010, the applicant has traveled abroad and on every occasion he has returned back to India and handed over his passport to the Police Station. In this view of the matter, I am inclined to modify the condition imposed on the applicant that he will not leave country without prior permission of the Court. Instead of the said condition, now whenever the applicant wishes to travel abroad, at least two days prior to his departure, he shall inform the concerned police station his itinerary in detail including the date when he is going abroad, the date when he will return to India, places at which he will reside during the period that he is abroad, contact numbers on which he can be contacted when he is abroad and on giving such details, the police shall hand over the passport to the applicant so as to enable him to travel abroad and after his return to India, the applicant shall again deposit his passport with Versova police station 4 cr-apl-3462-10 within four days on his returning to India. Thus condition in order dated 11.11.2004 is modified and now the above procedure shall be followed by the applicant till disposal of the trial. 7 Application is allowed in above terms and is disposed of accordingly. [ SMT. V.K.TAHILRAMANI, J.]