Chhaya Ashok Kumar Purwar vs The Superintendent Of Police And Anr
2024 Latest Caselaw 2949 Bom

Bombay High Court

Chhaya Ashok Kumar Purwar vs The Superintendent Of Police And Anr on 31 January, 2024

Author: M. S. Karnik

Bench: M. S. Karnik

2024:BHC-AS:4537



                   Diksha Rane                               901 IA 17424.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                              INTERIM APPLICATION NO.174/2024
                                             IN
                                CRIMINAL APPEAL NO.633/2015

                   CHHAYA ASHOK KUMAR PURWAR                ..APPLICANT
                         VS
                   THE SUPERINTENDENT OF POLICE
                   AND ANR.                                 ..RESPONDENTS
                                             ------------
                   Adv. Muskan H. Shahdadpuri i/b. Adv. Pradeep S. Hingorani
                   for the applicant.
                   Smt. S. D. Shinde, APP for the State.
                   Adv. H. S. Venegavkar a/w. Adv. Harsh Dedhia for the
                   respondent no.1.
                                             ------------

                                            CORAM : M. S. KARNIK, J.

DATE : JANUARY 31, 2024.

P.C. :

1. Heard learned counsel for the applicant/original

accused.

2. Learned counsel for the respondent no.1 opposed the

application.

3. The appeal is of the year 2015. The applicant was

convicted by the Special Judge CBI vide judgment and order

dated 8/5/2015 and was sentenced to suffer simple

imprisonment for two years for the offence punishable

Diksha Rane 901 IA 17424.doc

under Section 109 of the Indian Penal Code read with

Sections 13(1)(e) and Section 13(2) of the Prevention of

Corruption Act, 1988 and to pay fine of Rs.50,000/-, in

default to suffer simple imprisonment for six months. The

sentence is suspended. The applicant is on bail.

4. This is an application for permitting the applicant to

travel abroad for a period of two months from 1/3/2024 to

30/4/2024. During the pendency of the appeal, the applicant

on the previous occasion had requested for permission to

travel abroad. By an order dated 20/4/2022 in Interim

Application No.954/2022 the applicant was permitted to

travel to Australia between the period 1/8/2022 and

31/1/2023. The applicant has abided by the conditions.

5. Though this application is opposed by learned counsel

for the respondent no.1, considering the conduct of the

applicant as on the previous occasions she has abided by all

the conditions while permitting her to travel abroad, I see no

impediment to allow this application and for the reasons

mentioned in the application.

6. The application is, accordingly, allowed in the following

terms :-

                                Diksha Rane                                901 IA 17424.doc


                                      (a)    Interim application is allowed;

                                      (b)    The applicant - Chhaya Ashok Kumar Purwar is

                                      permitted    to   travel   abroad   between            the   period

1/3/2024 to 30/4/2024. During the said period, the

applicant shall stay at the house of her daughter Dr.

Jahnvi Pflueger Nee Purwar at the address viz 3A

AUGHTON STREET BAYSWATER WA-6053 PERTH

AUSTRALIA ;

(c) Before leaving India the applicant shall provide

her itinerary and any other addresses where she is

likely to visit while being in Australia, well in advance

to the Superintendent of Police, CBI, ACB, Mumbai;

(d) On returning back to India, the applicant shall

attend the office of Superintendent of Police, CBI,

ACB, Mumbai, forthwith and shall mark her

attendance.

(e) The interim application is disposed of.

(M. S. KARNIK, J.)

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 31/01/2024 12:47:56