Bombay High Court
Mrs. Mercy John Keralavakkayil vs Cbi, Acb, Mumbai, Bs And Fc, Eow And Anr on 19 March, 2021
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.433 OF 2021
IN
CRIMINAL APPEAL NO.383 OF 2020
Mercy John Keralavakkayil .. Applicant
Vs.
C.B.I., ACB., Mumbai, BS & FC,
EoW & Anr. .. Respondents
ALONG WITH
CRIMINAL APPEAL NO.363 OF 2010
Baburai Pundalik Salunke .. Appellant
Vs.
Central Bureau of Investigation & Anr. .. Respondents
...
Mr. Kartik S. Garg for the Applicant.
Mr. H.S. Venegaonkar for respondent No.1.
Ms. S.S. Kaushik, A.P.P. for the State.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 19TH MARCH, 2021.
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P.C:-
1. Interim Application No.433 of 2021 is taken out seeking
permission to travel to the United States of America from
01/06/2021 to 30/11/2021, the reasons cited being that the
daughter of the Applicant, who is settled in U.S.A. is in her
family way and expecting the child in the month of June, 2021.
She, therefore, requires the presence of the Applicant during this
crucial period and also to take care of the new born, for a while.
It is in this background, the present Application is filed.
2. The respondent-CBI has filed its response.
3. The Applicant is a convict for an offence under Sections 7,
13(1)(d) read with Section 13(2) of the Prevention of Corruption
Act, 1988. The Applicant came to be released on bail by this
court on 17/06/2010. Pending the appeal, the passport of the
Applicant was renewed and on earlier occasions, under the
orders of the court she was permitted to travel abroad, the last
such order was passed on 24/07/2019. Since it is noted that on
all previous occasions, whenever the Applicant was permitted to
travel abroad, she has strictly adhered to the conditions imposed
upon her and has returned to the country in terms of the order
granting her permission to travel abroad.
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4. In such circumstances, now when she is seeking to travel
abroad for the period mentioned by her in the Application, I see
no reason to deny her the same. Learned counsel for the
Applicant, however, states that since the tickets are not booked
and the Applicant is harping upon the orders of the Court, the
exact itinerary is not supplied, but as soon as the tickets are
booked, the exact itinerary will be supplied to the office of the
CBI with an undertaking that the Applicant will travel only to
U.S.A. during the period for which the permission has been
granted. The Applicant is, therefore, granted permission to
travel abroad between 01/06/2021 and 30/11/2021, subject to the
following stipulations.
:ORDER:
(a) The Applicant shall not withdraw the cash security of Rs.1 lakh given by her to this Court as an additional security under the order dated 19/03/2015; the amount remains untouched until the Applicant returns from USA.
(b) The Applicant shall not visit any country other than USA.
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(c) Wherever the Applicant intends to stay in USA, she will provide those addresses to the CBI, before she leaves India.
(d) She shall also furnish her contact number to the CBI.
5. The Application is allowed in the aforestated terms.
SMT. BHARATI DANGRE, J.
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