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Satling Gangadhar Ingole vs State Of Maharashtra And Anr
2023 Latest Caselaw 1770 Bom

Citation : 2023 Latest Caselaw 1770 Bom
Judgement Date : 21 February, 2023

Bombay High Court
Satling Gangadhar Ingole vs State Of Maharashtra And Anr on 21 February, 2023
Bench: S. V. Kotwal
                                   :1:                                 36.ia-328-23.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.328 OF 2023
                                    IN
                      CRIMINAL APPEAL NO.1054 OF 2017

Satling Gangadhar Ingole                                   ....Applicant
            Versus
The State of Maharashtra & others.                         .... Respondents

                               -----
Mr. Vijay Killedar, Advocate for the Applicant.
Smt. M.R. Tidke, APP for the Respondent No.1-State.
Mr. Kuldeep S. Patil, Counsel for Respondent No.2-CBI.
Mr. S.K. Halwasia, Advocate a/w. M. M. Nasiri, Ashish S.
Chavan, for Respondent No.3.
                               -----

                                  CORAM : SARANG V. KOTWAL, J.
                                  DATE : 21st FEBRUARY, 2023
P.C. :

1.                  The applicant was convicted by the Special Judge,

Solapur in Special Case No.11/2011 vide judgment and order

dated 30.11.2017. He was convicted for commission of offences

punishable under Sections 7, 13(1)(d) read with 13(2) of the

Prevention of Corruption Act, 1988 and he was sentenced to

suffer SI for three years besides imposition of fine.

2.                  The    applicant     preferred       Criminal           Appeal

No.1054/2017, which is admitted and is pending before this
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     Deshmane(PS)




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                                        :2:                              36.ia-328-23.odt

Court. The applicant had preferred an application vide Criminal

Application No.1726/2017 in that appeal for suspension of

sentence and his release on bail. That application was allowed

vide order dated 24.1.2018.                  More than five years since his

conviction have passed.

3.              The applicant now wants to travel abroad. He has

stated in his application that his son is working as Software

Engineer Specialist in a company at Atlanta, USA.

4.              This application is for two prayers: one prayer is for

permission to travel to United States of America; and the other

prayer is for granting permission for issuance of passport.

5.              Heard Shri Vijay Killedar, learned counsel for the

applicant, Smt. M.R. Tidke, learned APP for the respondent

No.1-State, Shri Kuldeep Patil, learned Counsel for respondent

No.2-CBI        and      Shri   S.K.     Halwasia,    learned       counsel        for

Respondent No.3.

6.              Learned counsel Shri Halwasia fairly submitted that

more than five years have passed and, therefore, the

impediment under Section 6(2)(e) of the Passports Act will not

come in the way of the applicant.
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7.                  Learned Counsel Shri Patil for the respondent No.2

does not have objection for the applicant's travel abroad,

however, he submits that the applicant be directed to furnish the

details of his travel.

8.                  Considering these submissions, the application can

be allowed in the following terms :

                                    :: O R D E R ::

i. The applicant is permitted to travel to United States of

America for a reasonable period.

ii. The applicant is permitted to apply for the passport. For

that purpose, specific permission is granted.

iii. The applicant shall inform the investigating agency about

his plans to travel to United State of America and shall

give full itinerary including his prospective stay and

contact numbers etc. to the investigating officer well in

advance.

iv. With these directions, the application is disposed of.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

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