Court disposed of an interim application by allowing the applicant to file a permission to travel abroad with the trial court, noting the trial court is better positioned to consider the request post-evidence.
(i) Liberty to file application for permission to travel abroad before the trial court for expeditious disposal.
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.
10-ia-1245-20 in aba-819-13.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1245 OF 2020
IN
ANTICIPATORY BAIL APPLICATION NO. 819 OF 2013
Bhagwan Pamnani
.... Applicant
Versus
The State of Maharashtra
.... Respondent
Mr. A. H. Nagi, for the Applicant.
Mr. S. S. Pednekar, APP for the State/Respondent.
CORAM: SARANG V. KOTWAL, J.
DATE: 16th OCTOBER, 2020
P.C. :
1.This is an application for permission to travel abroad.
The Applicant was granted anticipatory bail by this Court (Coram:
Smt. R.P. SondurBaldota, J.) vide order dated 8.8.2013 passed in
Anticipatory Bail Application No.819/2013. While granting
anticipatory bail, the Court has imposed a condition, the exact
words are as follows :
Digitally signed by Pradeepkumar Pradeepkumar P. Deshmane Deshmane P. Deshmane Date: 2020.10.17 15:10:25 +0530
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“The applicants shall not leave India without the
previous permission of the court.”
2.Heard Shri A. H. Nagi, learned Counsel for the
Applicant and Shri S. S. Pednekar, learned APP for the Respondent-
State.
3.Learned Counsel for the Applicant submitted that in
Criminal Application No.572/2014 in Anticipatory Bail Application
No.819/2013 this Court (Coram: Mrs.Mridula Bhatkar, J.) on
26.8.2014 had granted permission to co-accused Kaushik
Chandawala to travel abroad.
4.Subsequently, the present Applicant was also granted
permission to travel abroad, vide order dated 8.8.2016 passed by
this Court (Coram: P.N. Deshmukh, J.) passed in Criminal
Application No.610/2016 in Anticipatory Bail Application
No.819/2013.
5.Learned Counsel for the Applicant submitted that
though the trial has commenced and it has made substantial
progress, due to pandemic it will take further time to reach its
conclusion. He, therefore, submitted that the Applicant desires to
go abroad urgently and he should be granted such permission.
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6.Learned A.P.P. Shri Pednekar pointed out that the trial
Court would be in a better position to consider this request taking
into account the evidence which is brought on record during trial.
7.I have considered both these submissions. It is true
that on the earlier occasions, this Court had granted permission to
the Applicant and his co-accused to travel abroad. These orders
were passed in the year 2014 and 2016. The order of anticipatory
bail itself was passed in the year 2013. Thereafter the trial has
commenced and certain evidence has come on record. In this view
of the matter, the trial Court would definitely be in a better
position to consider the Applicant’s request because the nature of
evidence and the gravity of the case will be better appreciated by
the trial Court in the changed circumstances.
8.The order granting anticipatory bail does impose a
condition on the Applicant to seek permission of the Court for
going abroad. The condition does not specifically mention that the
permission has to be obtained from this Court. In this view of the
matter even the trial Court can consider the Applicant’s request for
travelling abroad. Therefore, following order is passed :
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O R D E R
(i) The Applicant is granted liberty to make an
application for permission to travel abroad
before the trial Court.
[ii] If such an application is preferred, the trial Court shall dispose of the application expeditiously.[iii] Interim Application is disposed of accordingly.(SARANG V. KOTWAL, J.)
Deshmane (PS)
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1 issue framed by the court
Whether an applicant granted anticipatory bail with a condition to seek court permission before leaving India can file such a request with the trial court instead of the High Court.
Bhagwan Pamnani
The State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court