Bombay High Court
Smt. Shaila Parveen W/O Dr. Abdul ... vs State Of Maharashtra, Through The ... on 27 April, 2016
Bench: Z.A. Haq
Judgment 1 apl188.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 188 OF 2016
Smt. Shaila Parveen W/o. Dr. Abdul Wahid,
aged about 36 years, Occupation : Student,
of Ph. D. in Electrical Engineer Department,
Jamia Milia Islamia (Central) University,
R/o. Nazipur, Meerut, Dist. Meerut (U.P.)
ig .... APPLICANT.
// VERSUS //
State of Maharashtra,
Through the Office Incharge
Police Station, Gadge Nagar,
Amravati.
.... NON-APPLICANT
.
___________________________________________________________________
Shri Anjan De, Advocate for Applicant.
Shri S.M.Bhagde, Advocate for Non-applicant.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : APRIL 27, 2016.
ORAL JUDGMENT :
1. Heard learned advocates for the respective parties.
2. RULE. Rule made returnable forthwith.
Judgment 2 apl188.16.odt
3. The applicant has filed this application under Section 482 of
the Code of Criminal Procedure challenging the order passed by the learned
Magistrate rejecting her application by which the applicant prayed that the
Investigating Officer be directed to return her passport which is deposited in
compliance of the directions given by the Sessions Court while granting bail.
The applicant is being prosecuted along with co-accused in
Case No.58 of 2015 pending before the Magistrate for the offence punishable
under Section 498-A and 34 of the Indian Penal Code. The applicant is sister
of husband of the complainant. The applicant is married to Dr. Abdul Wahid
who is permanent resident of Hajipur, Post : Ghosipur, District : Meerut (U.P.)
who at present is working as Assistant Professor in Jazzaan University,
Kingdom of Saudi Arabia. The applicant is pursuing her Ph.D. in Electrical
Engineering Department, Jamia Milia Islamia (Central) University, New
Delhi.
4. While granting pre-arrest bail, the learned Additional Sessions
Judge directed the applicant to deposit her passport with the Investigating
Officer and in compliance with the order, the applicant deposited her
passport with the Investigating Officer. As the applicant intends to go to
Saudi Arabia with her daughter to stay with her husband during Summer-
2016 Vacations, the applicant filed application before the Magistrate praying
that the Investigating Officer be directed to return the passport. This
Judgment 3 apl188.16.odt
application is rejected by the impugned order and being aggrieved in the
matter, the applicant has filed the present application.
5. Considering the background of the case and the social status of
the applicant, in my view, the following order would sub-serve the interests
of justice :
i) The applicant shall give the proposed tour programme to the
Investigating Officer.
ii) On receiving the proposed tour programme, the Investigating
Officer shall return the passport to the applicant,
immediately.
iii) The applicant is permitted to travel to Saudi Arabia.
iv) In addition to the security given by the applicant as per sthe
order passed by the Additional Sessions Judge, the applicant
shall furnish P. R. Bond for Rs.Fifty Thousand and one
solvent surety in the like amount before the passport is
handed over to the applicant.
v) After returning from her tour to Saudi Arabia the applicant
shall deposit the passport with the Investigating Officer.
Rule is made absolute in the above terms.
JUDGE
RRaut..
