Bombay High Court

PRADEEP VALJIBHAI PARMAR AND ANRversusTHE STATE OF MAHARASHTRA

Decided: 17 June 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The court allowed the interim application, permitting the applicants to travel to Australia for the specified period subject to strict conditions.

Summary

The applicants, Pradeep Valjibai Parmar and an associate, filed Interim Application No. 1659 of 2026 seeking permission to travel to and reside in Australia for one year while a criminal appeal (No. 848 of 2009) filed by the State of Maharashtra remains pending. The appeal challenges an acquittal granted by the Additional Sessions Judge in 2008. The court noted that the applicants had previously traveled abroad on nine occasions during the pendency of the appeal and had returned as scheduled. Considering the applicants' familial ties in Australia and their compliance history, the court granted the travel permission subject to detailed itinerary, contact information, and an affidavit undertaking to return by 19 July 2027. Upon return, the applicants must report to the concerned police station and comply with any further directions.

Issues considered

Whether the court may grant permission to travel abroad to accused persons while a criminal appeal is pending
What conditions, if any, should be imposed to ensure the accused's return and compliance with the pending proceedings

Subjects

interim application
travel permission
criminal appeal
pending appeal
court order
bail conditions
jurisdiction

Judgment

                               1/2                9 IA 1659-26.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 1659 OF 2026
                             IN
                CRIMINAL APPEAL NO. 848 OF 2009

Pradeep Valjibai Parmar and Anr              ..   Applicants
                      Versus
The State of Maharashtra                     ..   Respondent
                                …
Mr. Sandesh More a/w Mr. Om Gandhi, Mr. Akash Sawle for the
Applicants.
Smt. Sangeeta D. Shinde, APP for the State.
                       CORAM: BHARATI DANGRE &
                               MANJUSHA DESHPANDE, JJ.
                       DATED : 17th JUNE, 2026

ORAL ORDER:-
1.       Interim Application No. 1659 of 2026 is filed in the pending
Criminal Appeal No. 848 of 2009 preferred by the State of
Maharashtra against the Judgment and Order dated 30/04/2008
passed by the Additional Sessions Judge, Greater Mumbai, Borivali
Division, in Sessions Case Nos. 964 of 2005 and 67 of 2006, thereby
resulting into an acquittal of the accused husband and wife.

         The Appeal having been admitted, the present application is
taken out by the applicants seeking permission to travel to Australia
and continue to reside there for a period of one year, i.e., from
20/07/2026 to 19/07/2027.

2.       We have perused the application and heard the learned counsel
for the applicants.

         The application has indicated that, in the past, during the
pendency of the Appeal, the applicants were permitted to travel

Ashish
                               2/2                9 IA 1659-26.doc


abroad on nine occasions under orders of the Court and, every time
have returned back as per their scheduled date of return.

         The application proceed to states that their children, namely
one daughter and son, are residents of Australia and the applicants are
desirous of meeting them along with their grandchildren and merely
on the ground that the Appeal filed by the State is pending before this
Court, would not deny them the necessary travel permission.

3.       On hearing the application, we allow the application and
permit the applicants to travel to Australia from 20/07/2026 to
19/07/2027.

         However, we direct the applicants to furnish an itinerary of
travel, including the travel date as well as the place where they are
going to reside in Australia. The applicants shall also furnish their
contact numbers along with their contact numbers of their son and
daughter with whom they are likely to reside.

4.       Subject to the aforesaid compliance being ensured within a
period of one week from today, the Applicants are permitted to travel.
They shall also furnish an undertaking before this Court in form of an
affidavit that they shall return on or before 19/07/2027.

5.       Upon their return, they shall report to the concerned police
station and continue to abide by the directions issued by the police
station in-charge.

         Application is allowed in above terms.



(MANJUSHA DESHPANDE, J.)                     (BHARATI DANGRE, J.)


Ashish

Continue reading with your account

Checking your session…