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TMI Blog2025 (5) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... letion of bail condition, inter alia, requiring Applicant to deposit / surrender her passport in the Trial Court and as and when she desires to travel to claim the same by making Application to the Trial Court. 3. Prayer clauses (a) and (c) are oriented towards this particular condition of which modification / deletion is sought for by Applicant. Case of Applicant prima facie in so far as these two prayers are concerned is covered by the decision of this Court in the cases of Mohammad Hanif Nurani Vs. The State of Maharashtra and Anr. 2025 (2) TMI 220 (Criminal Application No.434 of 2024 decided on 05.02.2025) and Manish Gulabchand Birawat Vs. State of Maharashtra and Another 2023 SCC OnLine Bom 530. 4. I see no impediment in so far a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act not even aware about same. It is prima facie seen that Applicant has annexed the entire details to the present Application. 9. That apart, if Respondents desire to verify the veracity of the said details from the Applicant, Respondents can undoubtedly do so. Considering the request made and grounds in the Application, I direct the Applicant to attend the office of the Respondents and meet the concerned Investigating Officer on 28.04.2025 at 11:30 a.m. and furnish all such necessary details of her travel which she intends to undertake as mentioned in the Application including details of her medical ailment and details of her appointment with the concerned doctor / hospital including her itinerary. 10. Considering that this is a pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 6 in bail order dated 20.03.2025. According to prosecution, Applicant was arrested by prosecution officers at the airport along with gold which she was allegedly trying to smuggle / import into India without declaration. Thereafter Applicant has been enlarged on bail on certain conditions including condition to seek prior permission to travel abroad. Applicant desires to travel to USA for medical checkup, monitoring and treatment and the daughter's school programme. Details of her medical ailments, monitoring, treatment and appointment of doctors are all placed on record to support the case of Applicant. Prima facie it appears that Applicant was already taking treatment in USA before her arrest. However prosecution through learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear that she will be a flight risk. Prima facie it is seen that Applicant has been taking treatment for her medical ailment in USA even prior to her arrest. Even the trial Court has noted in the bail order that Applicant is a sick person and that has also been weighed with the trial Court. 6. It is seen from the affidavit that prosecution is in the process of issuing Show-Cause-Notice to Applicant for which her presence is required in India and therefore her Application is opposed by prosecution. Applicant can always co-operate with the investigation after she returns back in July 2025 as stated by her. In the bail order, it is noted by the Court that when she was in custody since 21.02.2025 she was not at all interrogated. Applicant can a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y details to the prosecution before she embarks upon her travel to USA at this time and at all times in future. I am also inclined to consider the request made by Applicant for one more reason and that is the request made by her to remain present for the graduation ceremony of her daughter on 30.05.2025 on which date she desires to remain present in North Montessori School, West Division Street, Chicago, Illinois. 7. Insofar as Applicant's medical condition is concerned, prima facie adequate documentation has been appended to the Application and all such necessary details have already been given to the prosecution by her. If any further details are required to be informed, it is directed that Applicant shall inform the same and all suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, date of travel, date of return, details of the place where and with whom she will be residing during her visit, details of the places which she intends to visit during her visit to abroad, her phone number, email ID etc. to the prosecution officer before she undertakes to travel abroad on affidavit and that she will undertake to respond to them in an emergency and shall fully co-operate with the investigation in the present case. This order shall be read along with order dated 20.03.2025. It is clarified that, if there is any breach of this order by Applicant, liberty is given to the prosecution to apply for revocation of this order by applying to this Court. In view of this order, passport of the Applicant is directed to be returned bac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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