Kps 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.1051/2009 Mrs.Polsy Joshy......Petitioner V/s The State of Maharashtra and another.......Respondents ............. Mr.Y.K.Sharma i/b Ms.Rita Abraham, for the Petitioner. Mr.Y.M.Nakhawa, APP for the State. Mr.L.A.Sasi, for the Respondent No.2. ............. CORAM : A.S.OKA, J. Dated :- 06th May, 2009 PC :- 1 Heard the learned counsel appearing for the Petitioner and the learned APP for the first Respondent and the learned counsel appearing for the added Respondent who is the first informant. 2 The first prayer is for quashing the proceedings of the case where the allegation against the Petitioner is of commission of an offence under Section 304-A of the Indian Penal Code. Now the charge-sheet has been filed and therefore, it will be open for the Petitioner to make an appropriate application before the Trial Court for discharge. Therefore, at this stage, the prayer for quashing the proceedings cannot be entertained. 3 The second grievance of the Petitioner is regard to the condition No.4 imposed by the learned Magistrate in the order dated 21.04.2009. By the said clause No.4, the Petitioner has been restrained from leaving India without prior permission of the Court. The submission of the learned counsel for the Petitioner is that the offence alleged against the Petitioner is punishable under Section 304-A of the Indian Penal Code which is a bailable offence and therefore, while enlarging the Petitioner on bail, such a condition could not have been imposed. 4 The Petitioner has filed an affidavit dated 29.04.2009 stating that she intends to Kps 2 go to Italy as she has secured a job in Italy. In the said affidavit, the Petitioner has disclosed the address of the Hospital where she has secured an employment. She has also disclosed her contact number in Italy. She has also stated that as and when required by the Court, she will personally remain present before the Court. 5 The opposition of the learned counsel appearing for the second Respondent to the second prayer is on the ground that the trial may be delayed as the Petitioner may not be available for the trial. His submission is that the presence of the Petitioner at the time of trial will have to be ensured. 6 I have carefully considered the submissions. I have perused the report of the Inquiry Committee headed by Professor of Anesthesia of Sir J.J. Hospital, Mumbai. Prima facie, it appears to me that the said report exonerates the Petitioner of the allegations against her. Apart from this, the offence alleged is admittedly a bailable offence. Considering large number of pending cases in the Courts of Magistrates in Mumbai it is not likely that the trial will commence in near future. The Petitioner is being represented by an Advocate before the Trial Court. The Petitioner has disclosed in her affidavit the address of place of her employment as well as the contact number and/or telephone number. The undertaking given by the Petitioner on affidavit that as and when required by the Trial Court she will remain present in the Court deserves to be accepted. For the time being, permission deserves to be granted to the Petitioner to go abroad for a period of one year with a liberty to the Petitioner to apply for extension of the said period. By the order of the learned Magistrate, the passport has been already ordered to be returned back to the Petitioner on her executing indemnity bond in a sum of Rs.25,000/-. 7 Hence, I dispose of the petition by passing the following order:- (i) It will be open for the Petitioner to apply to the Trial Court for appropriate reliefs. The prayer for quashing is not entertained at this stage. (ii)Permission is granted to the Petitioner to leave India for the purpose of visiting Italy for a period of one year from the date on which the Petitioner leaves India. (iii)Permission is granted to the Petitioner to leave the country for a period of one year subject to condition of executing a personal bond in a sum of Rs.15,000/- before the Trial Court recording an undertaking therein that the Petitioner will Kps 3 remain present before the Trial Court as and when called upon by the Trial Court and stating further therein that the Petitioner will be always represented by an Advocate before the Trial Court. (iv)It will be open for the Petitioner to apply to this Court for extension of period of one year after notice to the Respondents in this petition. (v) It is obvious that the observations made in this order as regards merits of the case are only prima facie observations and the same will not affect the trial. (vi)Writ Petition is disposed of in the above terms. (vii)All the concerned authorities to act upon an authenticated copy of this order. JUDGE