Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION C.C.NO. 11/N/2020
1. The applicant Samarth Navin Hegde is accused in C.C. No.
1629/PW/2015 registered with Santacruz police station. He filed this
application for the permission of this court to travel abroad. It is the contention
of the applicant that, he wants to travel to Newyork and Los Angeles in US from
16.01.2020 to 03.02.2020.
2. APP opposed the application.
3. The chargesheet is filed. The accused/applicant assured that, he
will appear before the Court regularly. He has produced documents in support of
his submission including travel tickets etc. Thus, it is necessary to grant
permission to the applicant/accused to travel abroad. However, it necessary to
note that the applicant had applied for similar permission vide CC No.
249/N/2019 which was allowed vide Order dated 03.04.2019. He was directed
to report and submit his boarding pass/passport to show that he actually traveled
after obtaining permission. However, the accused did not bother to comply with
the direction. The accused admits that he had read the order but he forgot to
comply with it. The accused did not get convincing reason for noncompliance of
the order and excuse given by him shows his indifferent attitude towards the
Order of the Court. The accused wants to travel abroad for business purpose.
Though permission may be granted to him keeping humanitarian approach in
mind, his conduct cannot be lost sight of. It is imperative to impose conditions
on him. In the result, following order is passed :
ORDER
1. The application is allowed.
2. The accused/applicant is permitted to travel to Newyork and Los
Angeles in US from 16.01.2020 to 03.02.2020 subject to following
conditions :
(i) The accused should remain present on the fixed date of the case
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without giving any reason for his absence.
(ii) The advocate of the applicant/accused to appear and conduct
the cases in the above mentioned period in the absence of the
applicant/accused.
(iii) The applicant/accused should report to this court within 15
days of his return and produce copy of his boarding pass and
passport to show that he actually traveled on aforesaid dates.
(iv)In case of breach of above conditions permission will be treated
as withdrawn.
(v) The applicant/accused to complete necessary formalities and
this permission shall not be deemed to be an alternative to any
rules or regulations which the applicant/accused is obliged to
comply with.
(vi) The applicant to deposit Rs. 30,000/ which he shall be entitled
to withdraw after his return and reporting within stipulated time.
In case of his failure to comply, the amount shall stand credited to
the State.
3. Issue letter accordingly to the concerned authority.
Sd/
Date:07012020. Metropolitan Magistrate,
71St Court, Bandra, Mumbai.
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