Bombay High Court
Akshay S/O Sanjay Wadhonkar And 2 Others vs State Of Mah. Thr. Pso Ps Ps Railway ... on 21 August, 2024
2024:BHC-NAG:9301
03.apeal.460.21.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.660 OF 2024
IN
CRIMINAL APPEAL NO.460 OF 2021
(Akshay s/o Sanjay Wadhonkar and ors. Vs. State of Maharashtra)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. S. Katarpawar, Advocate h/f Mr. R.P. Dhale, Advocate for the appellants.
Mrs H.N. Prabhu, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- AUGUST 21, 2024
By this application, the applicant/appellant
No.1 is seeking permission for issuance of passport and to
travel abroad.
2. The appeal is preferred by the appellants
against the order of conviction in Special POCSO Case
No.98/2017 wherein they are held guilty of the offence
punishable under Section 12 of the Protection of Children
from Sexual Offences Act, 2012 and sentenced to suffer
rigorous imprisonment for one year each and to pay fine
of Rs.1000/-. In default of payment of fine, they undergo
simple imprisonment for one month.
3. Being aggrieved and dissatisfied with the said
order and judgment of sentence, the appellants are
preferred the present appeal.
4. It is the contention of the applicant that he is
running business and for the business purpose he has to
visit Hong Kong to attend the meeting in the month of
September i.e. from 23/09/2024 to 29/09/2024. He has
also submitted the detailed report as well as the address
wherein he is residing during his stay at Hong Kong. He
further undertakes that as soon as meeting is over he
would return back to India and will attend the
proceedings.
5. Learned APP strongly opposed the application
on the ground that if the applicant is permitted to travel
abroad he would not be available for the purpose of the
appeal and the progress of the appeal would be held up.
In view of that, prays for rejection of the application.
6. I have heard learned Counsel for both the
parties. Perused the application as well as the affidavit
which is filed in support of the application. Considering
the recitals of the affidavit as well as the documents on
record it reveals that the applicant has to travel abroad to
attend the meeting for the period from 23/09/2024 to
29/09/2024. In view of that, the application deserves to
be allowed by imposing certain conditions. Accordingly, I
proceed to pass the following order:
(i) The application is allowed.
(ii) The Passport authority shall issue the
Passport to the applicant in view of the rules
and regulations.
(iii) The applicant is permitted to travel
Hong Kong from 23/09/2024 to 29/09/2024.
(iv) The applicant shall furnish his cell
phone number which he is intending to use
when he is at Hong Kong.
(v) The applicant shall also furnish the
detailed address of the place of his stay in the
Hong Kong.
(vi) After returning he shall report to the
Chandur Railway police station and the Police
Station Officer shall record his presence and
intimate this Court.
7. The application is disposed of.
(URMILA JOSHI-PHALKE, J.)
*Divya
