Bombay High Court
Sandipan S/O Asaram Bhumre vs The State Of Mahrashtra on 28 August, 2018
907.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 CRIMINAL APPLICATION NO. 2394 OF 2018
IN CRIMINAL APPEAL NO.343/2016
SANDIPAN S/O ASARAM BHUMRE
VERSUS
THE STATE OF MAHRASHTRA
...
Advocate for Applicants : Mr. Thorat Chandrakant R.
APP for Respondent State: Mr. A. D. Namde
CORAM : K. L. WADANE, J.
DATE : 28th August, 2018
ORDER:
1. The applicant has presented Criminal Appeal No. 343/2016 against the judgment of his conviction in Sessions Case No. 275/2010. He is convicted for the offence punishable under section 143 r/w 149 of Indian Penal Code and sentenced to suffer simple imprisonment for six months and to pay fine of Rs.1000/-, in default, to suffer simple imprisonment for 10 days. The applicant is also convicted for the offence punishable under section 353 r/w 149 of the Indian Penal Code and further sentenced to suffer simple imprisonment for one year and pay fine of Rs.1000/-.
2. After presentation of the appeal, the applicant was released on bail. Now the applicant is seeking permission from this Court to travel abroad for the purpose of attending study tour organized by the State Government. Learned counsel for the applicant submits that the applicant has applied for renewal of his passport, however, unless and until this Court permits the applicant to travel abroad, the Passport Authority is not renewing the passport of the applicant.
3. Learned counsel for the applicant has placed on record the programe of study tour of MLAs dated 19th July, 2018. The applicant is 1/2 ::: Uploaded on - 30/08/2018 ::: Downloaded on - 30/08/2018 23:20:05 :::
907.odt sitting MLA. The learned counsel for the applicant submits that the applicant is selected as one of the Members to attend the study tour and has placed on record the letter issued by the Additional Secretary, Maharashtra Legislative Secretariat, dated 01.08.2018, in which it was intimated to the present applicant that his name is proposed for attending study tour arranged by the State of Maharashtra during September-October, 2018.
4. Learned APP opposed the prayer of the applicant on the ground that his passport is not still renewed. The court is not concerned with renewal or refusal to renewal of the passport of the applicant. This court is only concerned with the prayer of the applicant that during the pendency of the appeal, he maybe permitted to travel abroad for study tour.
5. In view of the limited prayer made by the applicant and the fact that the applicant is a sitting MLA from Paithan Constituency, the application is allowed in terms of prayer Clause (B).
6. The applicant shall report this Court immediately after return from the said study tour.
(K. L. WADANE, J.) JPC 2/2 ::: Uploaded on - 30/08/2018 ::: Downloaded on - 30/08/2018 23:20:05 :::