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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Smt. V. K. TAHILRAMANI,J.
Mohammad Salim Shaikh Ahmed- Appellant
Versus
State of Maharashtra- Respondent
Criminal Writ Petition No.2366 of 2008
Decided On: 4th December 2008
Passport - Criminal Procedure - The court granted temporary permission to the petitioner to go abroad for three months, subject to certain conditions including the return of the passport upon deposit of security and the requirement to inform the police station of detailed travel plans.
Fact of the Case:
The petitioner sought permission to go abroad while facing prosecution under Section 498-A of IPC. The court granted temporary permission for a period of three months, subject to specific conditions.
Finding of the Court:
The court found that the petitioner's identity was not in dispute and granted temporary permission for travel abroad, with conditions to ensure his availability for trial proceedings.
Issues: Permission to go abroad while facing prosecution, return of passport, and conditions for temporary travel permission.
Ratio Decidendi: The court balanced the petitioner's request to go abroad with the need to ensure his availability for trial, imposing conditions such as depositing security and providing detailed travel plans to the police station.
Final Decision: The petition was allowed, and the court granted temporary permission for the petitioner to go abroad for three months, subject to specified conditions.
Heard the learned advocate for the petitioner and the learned A.P.P. for the State.
2. The petitioner is facing prosecution in a case under Section 498-A of IPC. The case is numbered as CC No.610/ PW /2007 and it is pending before the learned Metropolitan Magistrate, 46th Court, Mazgaon, Mumbai. The said case pertains to CR No.283 of 2006 of Agripada Police Station, Mumbai. The petitioner is seeking permission to go abroad and to enable him to go abroad, he is seeking return of his passport which is deposited with the Agripada Police Station.
3. The learned advocate for the petitioner states on instructions that as far as the trial is concerned, the petitioner is not disputing his identity and the petitioner is seeking permission to go abroad for a short period of time. She has further submitted that the petitioner will make himself available when the statement under section 313 of Cr.P.C. is to be recorded. In view of these facts, I am inclined to grant temporary permission to the petitioner to go abroad.
4. (i) Permission is granted to the petitioner to go abroad for a period of three months at a time.
(ii) The passport be returned to the petitioner for temporary period so as to enable the petitioner to go abroad.
(iii) The passport shall be returned to the petitioner on deposit of Rs.25,000/- in this Court as security. The passport to be returned on production of receipt regarding deposit of Rs.25,000/- in this Court.
(iv) Forty eight hours prior to departure, the petitioner shall intimate is writing to Agripada Police Station the detailed itinerary of his visit abroad including flight number and the address where he will reside abroad as well as his contact numbers on which he can be contacted when abroad.
(v) The petitioner shall redeposit his passport with Agripada Police Station within five days of his return to India. On passport being redeposited the amount of Rs.25,000/- be returned to the petitioner.
(vi) The same procedure to be followed by the petitioner whenever he wishes to travel abroad.
(vii) Parties to act upon an authenticated copy of this order.
5. Petition is disposed of.
Petition allowed.
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