Bombay High Court
Arun Digambar Kulkarni vs The State Of Maharashtra on 16 August, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:33234
Nikita
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NIKITA
KAILAS
DARADE
CRIMINAL APPELLATE JURISDICTION
Digitally signed by
NIKITA KAILAS
DARADE
Date: 2024.08.20
11:43:52 +0530
INTERIM APPLICATION NO.3171 OF 2024
IN
CRIMINAL APPEAL NO.341 OF 2007
Arun Digambar Kulkarni ...Applicant
versus
The State of Maharashtra .... Respondent
Mr. Madan Gupta for the Applicant.
Mr. Vinit A. Kulkarni. APP for the State.
CORAM : SARANG V. KOTWAL, J.
DATE : 16th AUGUST, 2024
P.C. :
1. This is an application for permission to travel to Cyprus
between 13th September 2024 to 15th December 2024.
2. Heard Mr. Madan Gupta, learned counsel for the
Applicant and Mr. Vinit Kulkarni, learned APP for the State.
3. The Applicant is convicted by the Special Court
Mumbai for commission of offences punishable under Sections
7, 13 (1)(d) read with 13 (2) of the Prevention of Corruption
Act, 1988. The major sentence imposed on him was rigorous
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imprisonment for three years besides imposition of fine. The
Applicant has preferred Criminal Appeal No.341 of 2007
challenging the said judgment and order.
4. The appeal is admitted and is awaiting its final
disposal. The Applicant is already granted bail.
5. Learned counsel for the Applicant submitted that the
Applicant is 77 years of age, though the cause title mentions his
age as 72 years. He submitted that the Applicant is suffering
from various ailments. His son and his family are residing in
Cyprus and he wants to visit his son. He submitted that on the
past occasions he was permitted to travel abroad on certain
conditions. He had duly complied with the conditions and he
had returned to India, which establishes his bonafide.
6. Learned counsel invited my attention to the last of such
orders dated 4th November 2020 passed in I.A. (st.)3810 of 2020
in Criminal Appeal No.341 of 2007.
7. Learned APP submitted that similar conditions be
imposed on him, if permission is to be granted.
8. I have considered these submissions. The
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aforementioned order dated 4th November 2020 records that in
the past, the Applicant was granted permission to travel abroad
in the year 2011, 2018, and by that order in the year 2020. And
on all these occasions, the Applicant had complied with the
conditions and had returned to India.
9. Considering his past conduct, I am inclined to allow
this application on similar conditions. Hence, the following
order:
ORDER
(a) The Applicant is permitted to travel to Cyprus between 13 th
September 2024 to 15th December 2024.
(b) The Applicant shall deposit the property documents in this
Court as he had done earlier and shall take them back only after
he returns to India.
(c) The Applicant shall inform the Prosecuting Agency i.e. Anti-
Corruption Bureau, Mumbai about his travel details, the flight he
proposes to take, the address and the place where he proposes to
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stay during his stay in Cyprus, his contact numbers as well as his
e-mail address.
(d) The application is disposed of accordingly.
(SARANG V. KOTWAL, J.)
