Single-judge criminal application seeking return of seized passport. Court granted return as no impoundment order existed but restricted travel without leave.
Proposing agency directed to return passport within 15 days; applicant restricted from leaving India without court permission.
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.
25-APPA-700-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.700 OF 2018 IN CRIMINAL APPEAL NO.942 OF 2017
MRS.MONA CHOPRA )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS
Ms.Sonal Parab a/w. Arya Bile, Advocate for the Applicant.
Mr.H.S.Venegaonkar, Advocate for the Respondent/CBI.
Mr.S.V.Gavand, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 10th OCTOBER 2018
P.C. :
1 This is an application by the applicant/accused for
return of her passport which was seized during the course of investigation.
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25-APPA-700-2018.doc
2 After due trial, the applicant/accused is convicted for the offence punishable under Section 12 of the Prevention of Corruption Act, 1988, and she has been sentenced to suffer rigorous imprisonment for 2 years apart from imposition of fine of Rs.2000/- and default sentence of 2 months.
3 Perusal of the impugned judgment and order passed by the learned trial court does not show that passport of the applicant/accused was impounded or confiscated under orders of the learned trial court. In this view of the matter, though the learned counsel appearing for the Central Bureau of Investigation has opposed the prayer for return of passport of the applicant/accused, I see no reason to deny the relief as claimed in the instant application, to the applicant/accused. Therefore, the order :
ORDER
i) The prosecuting agency is directed to return the passport of the applicant/accused to her within the period of fifteen days from the date of this order.
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25-APPA-700-2018.doc
ii) The applicant/accused shall not leave India without seeking
permission of this court.
iii) The application is accordingly disposed off.
(A. M. BADAR, J.)
Arti Vilas Khatate
Digitally signed by Arti Vilas Khatate Date: 2018.10.10 16:04:57 +0530
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MRS.MONA CHOPRA
THE STATE OF MAHARASHTRA
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
