Diksha Bharat Dhande vs The State Of Maharashtra
2021 Latest Caselaw 1490 Bom

                                                                       26. Cri. I. A. No. 1069-2020.doc



Anand            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 1069 OF 2020
                                        IN
                           CRIMINAL APPEAL NO. 437 OF 2011

         Diksha Bharat Dhande                                               .Applicant

                      Vs.

         The State of Maharashtra & ors.                                    .Respondents

         Mr. B. G. Tangsali, Advocate, for the Applicant
         Mr. S. V. Gavand, APP, for the Respondent No. 1 - State
         Mr. H. S. Venegaonkar, Advocate, for the Respondent No. 3 - UOI

                           CORAM       :     REVATI MOHITE DERE, J.

                           DATE        :     21.01.2021
         P. C.

         .                 By this Application, the Applicant seeks the following

         substantive prayer :-

"(b) This Hon'ble Court be pleased to issue direction to the Respondent Nos. 2 & 3 to issue passport to the Applicant for a period of five years with permission to the Applicant to travel abroad as and when required for a period of five years."

2. The Applicant vide Judgment & Order dated 16.04.2011

passed by the learned Special Judge ( Anti Corruption ), Thane in

Special Case No. 17 of 2006 is convicted for the offence punishable

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26. Cri. I. A. No. 1069-2020.doc

under Section 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption

Act and is sentenced to suffer imprisonment for one year on both the

counts and pay a fine of Rs. 7,000/- for both the counts.

3. Being aggrieved by the said order of conviction and

sentence imposed by the trial Court, the Applicant has filed the

aforesaid Appeal, being Appeal No. 437 of 2011. The said Appeal was

admitted on 22.06.2011 and the Applicant's sentence was suspended and

she was enlarged on bail. The present Application is filed, as the

Applicant intends to travel abroad, since her daughter is studying in

USA.

4. Considering the aforesaid, the Application is allowed. The

Respondent Nos. 2 & 3 to issue Passport to the Applicant for five years

as per the Passport Act and Rules. Accordingly, the Application is

disposed of.

All concerned to act on the authenticated copy of this order

digitally signed by Personal Assistant / Private Secretary.

(REVATI MOHITE DERE, J.)

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