Allowed

Chetan Vasant Jawale v. State of Maharashtra

Bombay HC24 Mar 2023WP/684/2023

Case brief

AI extract

What is this about?

Petitioner challenged the Additional Sessions Judge order rejecting relaxation of bail condition preventing exit from India. Court allowed relaxation permitting travel to the Philippines for studies until 31 Jan 2024, subject to direction to remit residence details.

What did the court decide?

The order restricting the petitioner from leaving India is quashed; he is permitted to travel to the Philippines for studies until 31 January 2024 subject to specified conditions.

Chetan Vasant Jawale Vs State of Maharashtra — Bombay HC (2023) — LawSathi Research

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906-wp684-2023.doc

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Nikita

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.684 OF 2023

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Chetan Vasant Jawale … Petitioner V/s. The State of Maharashtra … Respondent

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Mr. Priyal G. Sarda for the Petitioner. Mr. M.G. Patil, APP for the State.

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CORAM : AMIT BORKAR, J. DATED : MARCH 24, 2023

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P.C.:

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1. The petitioner is challenging order dated 17^th January 2023, passed by Additional Sessions Judge Pune, rejecting application for relaxation of condition.

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2. Offence under Section 307, 324, 34 of Indian Penal Code and Section 120B , 201, 34, 37(1)(3) and 135 of Maharashtra Police Act, and Section 4(25) of the Arms Act was registered against the petitioner on 29^th July 2022 bearing C.R. No.189 of 2022. On an application under Section 439 of the Code of Criminal Procedure, 1973, the learned Sessions Judge by order dated 29^th November 2022 directed release of petitioner on bail, subject to the conditions. Condition No. 3 restrained the petitioner from leaving India without prior permission of the Court. On 28^th

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906-wp684-2023.doc

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December 2022, the petitioner filed an application for relaxation of the condition contending that he wants to go to Philippines for further studies in B.S. Biology Program (Pre-Medicine) Doctor of Medicine M.D. at university of Visayas, Cebu City, Philippines. Details of passport were furnished. The period of the course was from 25^th January 2023 to 25^th January 2024. The petitioner has annexed communication dated 17^th December 2019 issued by University of Visayas informing the petitioner that he is qualified for admission in the program and the petitioner needs to furnish the documents mentioned in the letter.

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3. Thereafter, by communication dated 22^nd January 2021 the University communicated to the petitioner nature of documents required. Thereafter, again on 3^rd February 2021 details of program and payment to be made was communicated. The petitioner has annexed receipts of fees deposited with the University in the month of September 2021. All these documents shows that the petitioner intended to visit Philippines prior to registration of offence. It is stated that the petitioner has already completed two and a half years of his course, and would be required to attend third year of course in the academic year 2023-2024. It is stated that father of the petitioner is practicing as a Doctor and his mother is a graduate. The petitioner’s family commands reputation in the society.

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4. Perusal of First Information Report attributes role to coaccused and not to the petitioner of assault. Therefore, in my opinion, the petitioner has made out a case for relaxation of condition No.3 of the order dated 29^th November 2022. However,

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906-wp684-2023.doc

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the petitioner shall furnish details of residence of the petitioner in Philippines to the Investigating Officer. He shall also furnish copy of his details of cellphone number in Philippines. He shall file an undertaking before this Court within two weeks from today stating that, he shall make himself available on all dates of hearing before Trial Court.

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5. Subject to compliance of condition as stated above, the impugned order dated 17^th January 2023 passed by Additional Sessions Judge Pune, in Criminal Bail Application No.8787 of 2022 is quashed and set aside.

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6. Clause (iii) of order dated 29^th November 2022 is relaxed.

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7. The petitioner is permitted to travel to Philippines up to 31^st January 2024. He shall return to India within three weeks thereafter and shall inform about his return to the Investigating Officer within two weeks from the date of his return to India.

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8. The writ petition stands disposed of in above terms. No costs.

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(AMIT BORKAR, J.)

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Chetan Vasant Jawale v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Chetan Vasant Jawale v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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