Single bench allowed an acquitted public servant, here the original accused, to travel to the UK for 45 days to visit her son and grandson. The Court imposed conditions regarding itinerary and contact details.
Permission to travel to London, United Kingdom for 45 days from 6th April 2018 to 20th May 2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(2)APPANo.2462018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.246 OF 2018 IN
CRIMINAL APPEAL NO.807 OF 2015
Neelam Narayan Bansode ... Applicant V/s. The State of Maharashtra & Anr. ... Respondents
Mr.Aniket Vagal, Advocate for the Applicant in APPA/246/2018.
Mr.Vinay J. Bhanushali, Advocate for the Original Appellant in APEAL/807/2015.
Mr.Prashant Jadhav, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 28th FEBRUARY 2018.
P.C. :
1 This is an application by the acquitted accused for permission to travel to London, United Kingdom for 45 days from 6th April 2018 to 20th May 2018.
2 Heard the learned Advocate for the applicant/Original respondent No.2/accused as well as the learned Advocate appearing for the appellant/First Informant. I also heard the
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learned Additional Public Prosecutor, who stated that the applicant be directed to deposit the amount for going abroad. The applicant, who was original accused No.2 was prosecuted for offences punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. She along with co-accused came to be acquitted of alleged offences. The State has not filed any appeal challenging that acquittal. The appeal is at the behest of the First Informant. The applicant is a public servant who worked as Assistant Director of Public Health. She wants to visit her son, who is posted at United Kingdom and she is also desirous to meet her grandson, who is aged about five and half years.
3 The applicant is a retired Public Servant. She is entitled for pensionary benefits. As such, in my considered opinion, there is no likelihood of the applicant absconding the State. No circumstances to that effect are indicated. Therefore, I see no reason to refuse the relief claimed in the instant application particularly, when the applicant is acquitted by the learned trial Court of alleged offences. Therefore, the Order.
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(A.M.BADAR J.)
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2 issues framed by the court
Whether an acquitted accused public servant is entitled to permission to travel to the UK for a limited period.
Whether conditions regarding itinerary and contact details must be imposed on an acquitted person granted permission to travel.
Neelam Narayan Bansode
State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
