The High Court relaxed the bail condition requiring permission to leave India, finding it unreasonable on account of a stay order on the underlying criminal proceedings initiating that bail.
Condition not to leave India without prior permission is relaxed. Application disposed of.
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.
915-APPLN254-2023.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 254 OF 2023
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2023.11.09 12:56:48 +0530
Pragnesh Narayan Podar ...Applicant Versus State of Maharashtra …Respondent
Mr. Prerak Sharma, a/w Yahan Shaikh and Rohit Mahadik, for the Applicant.
Smt. Ashwini Takalkar, APP for the State/Respondent. PSI Prakash Sawant, Gamdevi Police Station, present.
CORAM: N. J. JAMADAR, J. DATED: 7th NOVEMBER, 2023
PC:-
learned APP for the State.
Mumbai, for the offences punishable under Sections 354 and 504 read with Section 34 of the Indian Penal Code, 1860 (“the Penal Code”).
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915-APPLN254-2023.DOC
condition not to leave India without prior permission of the Court.
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915-APPLN254-2023.DOC
permission every time the applicant propose to travel abroad.
In view of the above, condition (c) of the order dated 24th November, 2022 stands relaxed.
[N. J. JAMADAR, J.]
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1 issue framed by the court
Whether the condition to obtain permission to leave India remains reasonable when the prosecution case on pre-arrest bail challenge has been stayed.
SANTOSH SUBHASH KULKARNI
State of Maharashtra
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
