APPP-179-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.179 OF 2011 IN CRIMINAL APPLICATION NO.2446 OF 2009 Rashmikant M. Shah ... Applicant V/s. State of Maharashtra ... Respondent Mr. Rajesh S. Sharma, i/b. Rajesh Sharma & Associates, for the Applicant. Mrs. G.P. Mulekar, APP, for the Respondent. Mr. Tushar Shah for the First Informant. CORAM:- A.M. THIPSAY, J. DATED :- 30 TH JUNE, 2011. P.C. : 1. Heard. 2. While releasing the Applicant on bail, this Court, inter alia, stipulated that the Applicant shall hand over his passport to the Police Authorities. It was also stipulated that he shall not leave Mumbai without the permission of this Court. The Applicant, thus, accordingly deposited his passport with the Police. The condition requiring him not to leave Mumbai without the permission of this Court was, subsequently, relaxed by an order dated 30th April, 2010 passed by this Court. Thereafter, the Applicant has even gone abroad with the previous permission of this Court. APPP-179-11.sxw 2 Dixit 3. The present Application has been made praying, inter alia, that the Applicant be allowed to travel abroad. 4. I have considered the matter. Since the Charge Sheet has already been filed and the trial is pending, it would be appropriate for the Applicant to seek permission to travel out of India from the trial Court. Needless to say, that in the event of such permission being granted, the trial Court can direct the Police Authorities to hand over the Applicant's passport to him for the purpose of his visit or visits abroad. 5. The present Application is, thus, disposed of with the observations that the Applicant shall be at liberty to make an appropriate application before the trial Court for going abroad, whenever he would want to go abroad, during the pendency of the trial. It is needless to say that whenever such applications are made, the trial Court shall consider the same on merits and pass appropriate orders. 6. So far as the visits which the Applicant wants to make immediately, the Applicant can very well apply to the trial Court. 7. On hearing Mr. Rajesh Sharma, the learned Advocate for the Applicant, it is directed that, in the event of such application being made, the trial Court shall decide the same within a period of one week from the date of which it is presented to the trial Court. 8. The Criminal Application is disposed of accordingly. [A.M. THIPSAY, J.]