Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1 C.C.NO. 3406/MISC/2023
ORDER BELOW APPLICATION FOR PERMISSION TO
TRAVEL ABROAD FILED IN C.C.NO. 307/PW/2021.
(Mukesh Mohan Patel Vs. Economic Offences Wing, Mumbai)
1. Present application is placed on record by Mukesh
Mohan Patel, who is an accused in C.C.No. 307/PW/2021. By
filing this application, accused prayed to allow him to go to abroad
i.e. Colombo, Sri Lanka from 31st August, 2023 to 9th September,
2023.
2. Accused is facing trial for the offences punishable
under Sections 3,4,5,10,11 and 13 of Maharashtra Flat Ownership
Act. Proceeding bearing C.C.No.307/PW/2021 is at present
pending for framing charge of accused. On such counts, he prayed
for grant of permission to go abroad i.e. Colombo, Sri Lanka.
3. Learned APP for the State and I.O. filed their say to this
application. They opposed the application contending that offences
levelled against the accused are serious. Trial is yet to be
commenced. They further contended that if the applicant is
allowed to go to abroad, possibility of his being absconding can
not be ruled out. On such counts, they prayed for rejection of
application.
4. Heard both sides.
-- 1 of 3 --
2 C.C.NO. 3406/MISC/2023
5. As mentioned above, applicant wants to go to abroad
i.e. Colombo, Sri Lanka for 10 days from 31st August, 2023 to 9th
September, 2023. In the matter against him evidence is yet to be
commenced. Considering the past conduct of the accused, I do not
find any hurdle to grant him request to go to abroad. He has filed
an affidavit stating therein that no other Court/Authority restricted
him from travelling beyond India. Thus, the application is liable to
be allowed. Hence, the following order.
ORDER
1. Application is allowed.
2. Applicant Mukesh Mohan Patel is permitted to go to abroad i.e.
Colombo, Sri Lanka for 10 days from 31st August, 2023 to 9th
September, 2023 on following conditions.
i) Applicant shall give affidavit as to his place of residence
and contact numbers during his stay in abroad i.e.
Colombo, Sri Lanka for 10 days from 31st August, 2023 to
9th September, 2023 to the Court as well as to the
concerned Unit of EOW.
ii) He shall give copy of his Visa and Passport to the Court
as well as to Sr. PI of the Concerned Unit of EOW .
iii) He shall inform to the concerned Unit of EOW before
his departure and after his arrival.
iv) In addition to the surety given by him he shall give the
cash security of Rs.1,00,000/- in the Court.
-- 2 of 3 --
3 C.C.NO. 3406/MISC/2023
v) He shall not dispute his identity in the trial before Court
during his absence from India.
vi) He is also directed to furnish contact numbers of his
two close relatives in India and provide proof of his
permanent resident.
vii) He shall make necessary arrangements to proceed with
the matter through his advocate within the said period and
he shall not hinder matter/proceedings during his stay
abroad.
Sd/-
(S.P. Shinde)
Addl. Chief Metropolitan Magistrate,
Date : 24.08.2023 47th Court, Esplanade, Mumbai
-- 3 of 3 --