Bombay High Court
Virendra Laxmidas Thakkar vs The State Of Maharashtra on 15 September, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2376 OF 2022
IN
CRIMINAL APPEAL NO.127 OF 2020
Virendra Laxmidas Thakkar .... Applicant
versus
State of Maharashtra .... Respondent
.......
• Mr. Rahul Arote, Advocate for Applicant.
• Mr. Yogesh Y. Dabke, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 15th SEPTEMBER, 2022
P.C. :
1. The Applicant has prayed for permission to travel to
Germany from 21/10/22 to 15/11/2022.
2. The Applicant was convicted by the Additional Sessions
and Special Judge (MPID Act), Thane, vide his Judgment and
Order dated 24/01/2020 for commission of offence u/s 420 r/w
Digitally
signed by
34 of the Indian Penal Code and u/s 3 of the Maharashtra
MANUSHREE
MANUSHREE V NESARIKAR
V NESARIKAR Date:
Protection of Interest of Depositors Act and he was sentenced to
2022.09.17
11:01:50
+0530
Nesarikar
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suffer rigorous imprisonment of five year and to pay a fine of
Rs.1,00,000/- and in default of payment to suffer simple
imprisonment for three months.
3. The Applicant along with others preferred Criminal
Appeal No.127 of 2020 against that Judgment and Order. The
said Appeal is admitted and is pending for final disposal. In the
meantime, the Applicant had preferred Interim Application
No.1409 of 2022 in Criminal Appeal No.127 of 2020 seeking
permission to travel to United States of America between
30/07/2022 and 31/08/2022. That application was allowed by
this Court (Coram : Prakash D. Naik, J.) vide order dated
04/05/2022 on certain conditions. The major condition was to
deposit the original title deeds concerning his property with this
Court.
4. The Applicant complied with the undertaking, but he
got appointment for his Visa renewal for travelling to USA only
for 24/04/2022. Therefore he could not avail of the permission
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granted vide order dated 04/05/2022 passed in Interim
Application No.1409 of 2022.
5. Learned counsel for the Applicant submitted that
because of his service he needs to travel to Germany. He has
complied with the undertaking mentioned in the condition of
the order dated 04/05/2022. He was granted permission to
travel abroad during pendency of the trial and he has not
misused that liberty. The Applicant is working in VAMSI Labs
Ltd. and in connection with his job he is required to travel to
Germany for attending CPhI exhibition and business meeting
from 21/10/2022 to 15/11/2022.
6. Learned APP did not oppose this application in view of
the previous orders passed in his favour during trial and after
Appeal was admitted.
7. I had called for the report from the registry regarding
deposition of the title deeds. The report reproduced in the
ordersheet mentions that the advocate for the Applicant has
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filed undertaking of the Applicant and his wife dated
05/05/2022 along with the original title deed of the flat bearing
No.B-1802, Evergreen, Rodas Enclave, Hiranandani Estate, Off
Ghodbundar Road, Thane (W), Maharashtra - 400 607. That
deed is kept in a sealed envelope in Nazir custody on
13/05/2022. The Applicant has shown his bonafide and has
furnished sufficient security. This Court, in the past, has granted
him permission to travel to USA. But because of late
appointment for his Visa renewal he could not avail of that
permission.
8. Considering this background, the Applicant can be
permitted to travel to Germany from 21/10/2022 to
15/11/2022 on similar conditions which were imposed in
Interim Application No.1409 of 2022.
9. Hence, the following order :
ORDER
5/5 18-IA-2376-22-IN-APEAL-127-20.odt
(i) This Interim Application is allowed.
(ii) The Applicant is permitted to travel to Germany
from 21/10/2022 to 15/11/2022.
(iii) The Applicant shall furnish itinerary of the
places where he would be residing and the
telephone numbers where he can be contacted
during this period. Such itinerary should be
submitted within two weeks from today.
(iv) These details be provided to the trial Court as
well as to the Investigating Officer within two
weeks.
(v) On his return he shall deposit the passport in
this Court within one week from the date of his
return.
(vi) The application is disposed of.
(SARANG V. KOTWAL, J.)
