Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 …
ORDER BELOW APPLICATION OF ACCUSED/APPLICANT KALEPALLI BABU
VENKATA NARAYAN IN C.C.NO.128/N/2020 ARRISING OUT OF
C.C.NO.1659/PW/2016 REGISTERED WITH BKC POLICE STATION FOR
PERMISSION TO TRAVEL ABROAD
1. Accused/applicant Kalepalli Babu Venkata Narayan filed this
application for the permission of this court to continue to stay in Nageria
till August 2020. It is the contention of the applicant that, he may be
allowed to extend his stay so that he can pursue his employment with
Federation of Republic of Nigeria till August, 2020.
2. Ld. APP raised objection that the accused may abscond during
the pendency of the case and cause delay in disposal of the case.
3 The chargesheet has been filed against the accused u/sec.
409, 420, 465, 467, 468, 471, 477A, 120B of IPC and 66A, 66D of
Information Technology Act. The applicant/accused was granted
permission in January 2019 to travel to Nigeria as he is employed there
and permission was granted on 31.08.2019 to continue to stay in Nigeria
till the end of Feb 2020. His work permit is valid till 10.08.2020. The
applicant/accused is praying for permission to extend his stay till then. No
doubt, applicant/accused is entitled to pursue any vocation or profession
of his choice. However, it is necessary to protect the interest of justice vis
avis his personal liberty. It is necessary to strike a balance between them.
As the chargesheet is filed, it is necessary to proceed with the case. The
advocate of the accused stated that the application of accused for
discharge is pending. Therefore, accused may be permitted to stay abroad
until decision of said application. The advocate of the accused assured
that the accused will appear before the court whenever his presence is
required. Therefore, considering the circumstances and the assurance of
-- 1 of 2 --
… 2 …
the accused, it will be proper to grant the permission to the applicant /
accused to stay abroad until 10.08.2020. In the result, the following order
is passed :
ORDER
1. The application is allowed.
2. The accused/applicant is permitted to continue his stay at
Nigeria until 10.08.2020, subject to following conditions :
i) The accused should appear for framing of charge in case
situation requires, without giving any reason for his absence,
whenever required by this court.
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 security deposit of the accused shall remain intact.
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.
3. The applicant/accused to produce copy of his passport.
4. Issue letter accordingly to the concerned authority.
( Pragati B. Yerlekar )
Metropolitan Magistrate,
Date: 17.02.2020 71st Court, Bandra, Mumbai.
-- 2 of 2 --