Bombay High Court

APPA/1464/2008 of FAZAL KASAMALI JAFER Vs THE STATE OF MAHARASHTRA on 26 December 2008

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1464 OF 2008 IN CRI. APPEAL NO. 1013 /2006 Mr.Fazal, Kasamali Jafer .. Applicant. V/s. The State of Maharashtra .. Respondent. --- Ms. Kranti S.S.Anand for the Applicant. Mr. J.P.Yagnik, APP for the

IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONCRIMINAL APPLICATION NO. 1464 OF 2008INCRI. APPEAL NO. 1013 /2006

Mr.Fazal, Kasamali Jafer

.. Applicant.

V/s.

The State of Maharashtra

.. Respondent.

---

Ms. Kranti S.S.Anand for the Applicant.Mr. J.P.Yagnik, APP for the Respondent-State.

-----

CORAM : V.R. KINGAONKAR, J.(Vacation Court)DATED : 26th DECEMBER,2008.

P.C.:

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1. Heard.

2. The applicant was granted permission to go abroadas per the orders of this court dated 29th April, 2008 and01st of August, 2008.

3. By this application, the applicant seeks liberty togo abroad and is ready to abide himself by the sameconditions which were imposed on him. The applicant hasfurnished travel schedule (Exh.‘F’). The applicant hasbeen convicted for the offence under section 489 (C) by the trial court.

4. The learned APP would submit that the applicant maybe put under very stringent conditions in order to securehis appearance.

5. The applicant has earlier returned from his visitto foreign countries and has not defaulted in any mannerwhile attending the police station and the court as well.

6. The applicant has submitted surety at the time ofgrant of bail. It is not necessary, therefore, to seekfurther security of his appearance during the hearing ofthe matter. The learned APP did not take objection onearlier occasion of returning of the passport to theapplicant for a temporary period.

7. The applicant is permitted to go abroad as per theschedule (Exh.‘F’) during the period from 28th of December,2008 to 26th of April, 2009 to visit Bangkok, Malaysia andSingapore. The passport shall be returned to him by thetrial court on obtaining a Xerox copy thereof and anundertaking of the applicant that he will furnish detailsof his whereabouts in the above referred countries duringhis travel plan and also shall furnish information aboutthe telephone numbers/ mobile numbers of the persons with whom he would transact his business during the above travelplan. He shall also give his own mobile number to thetrial court. He shall also give an undertaking to theeffect that he will be available to the police at theplaces of his visit as and when required.

8. He shall return his passport immediately after theexpiry of the above time schedule of the travel plan(Exh.‘F’).

9. With the above direction, this application isdisposed of..

(V.R. KINGAONKAR, J. )

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