The High Court allowed the applicant to travel abroad and conditioned the travel on a waiver of adjournments for witness availability if the writ petition is listed and on reporting back to India.
Application allowed; no adjournment to be sought for final hearing if listed; applicant must inform trial court upon return.
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.
2024:BHC-AS:11656
Diksha Rane 30.IA.1015-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1015 OF 2024 IN
WRIT PETITION NO.5534 OF 2018
MANISHA UDAYKUMAR SARVAIYA ..APPLICANT VS. THE STATE OF MAHARASHTRA AND ANR. ..RESPONDENTS
Adv. Shyam Kalyankar for the applicant. Mr. S. V. Walve, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : MARCH 11, 2024
P.C. :
1. Heard learned counsel for the applicant and learned APP for the State.
2. This is an application for travelling abroad. The applicant has travelled abroad on four occasions in the past and returned back in compliance with the directions of this Court.
3. The application is opposed by learned APP. It is submitted that if the writ petition is listed for final hearing, the proceedings may be delayed due to the non-availability of the applicant.
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Diksha Rane 30.IA.1015-24.doc
4. For the reasons mentioned in the application and considering the earlier conduct of the applicant, I am inclined to allow the application.
5. It is made clear that if the writ petition is listed for final hearing during this period, no adjournment will be sought on the ground that the applicant is travelling.
6. Learned counsel, on instructions of the applicant, undertakes to abide by the statements made in paragraph 6 of the writ petition.
7. In this view of the matter, the application is allowed in terms of prayer clauses (a) and (c).
8. Learned counsel for the applicant submitted that the formal application will be made for withdrawal of the application below Exhibit 32 pending before learned Sessions Judge, during the course of this week.
9. The applicant shall inform the trial Court upon her returning back to India.
10. The application is disposed of.
(M. S. KARNIK, J.)
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Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 11/03/2024 17:06:35
2 issues framed by the court
Whether to allow the applicant to travel abroad while the writ petition is pending and to waive adjournments if the petition is listed for hearing.
Whether conditions such as withdrawing a pending trial application and informing the court upon return should be imposed to permit travel.
MANISHA UDAYKUMAR SARVAIYA
THE STATE OF MAHARASHTRA
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
