905-ia-2590 in apeal-103-08.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2590 OF 2026 IN CRIMINAL APPEAL NO. 103 OF 2008 Ronaldo T. Fernandes …Appellant/Applicant V/s. The State of Maharashtra ...Respondent. ………….. Mr. Karan Mehta a/w. Ms Saloni Sarguru, Mr. Ashwin Pande and Ms Khushboo Shah and Ms Ishika Kale for the Applicant. Mr. Yogesh Dabake, APP for the Respondent/State. API Rohan Bagade, Unit-8 Crime Branch, Mumbai is present. ………….. CORAM : N.R. BORKAR, J. DATE : 18.09.2026. P.C. : 1. The applicant is the appellant in Criminal Appeal No.103 of 2008, which he has filed against the judgment and order dated 28.10.2007 passed by the learned Ad-Hoc District Judge-3 and Additional Sessions Judge, Mumbai at Sewree in Sessions Case No.682 of 2006. By the said judgement and order, the learned Additional Sessions Judge has convicted the present appellant for the offence punishable under Section 489-C of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years. 2. By this application, the applicant seeks the following reliefs: “(a) This Hon’ble Court may allow the Applicant to travel to U.K. from 01/08/2026 to 28/02/2027 as stated in aforesaid para Nos.9 of present Application; Dinesh S. Sherla 1/3 905-ia-2590 in apeal-103-08.odt (b) For such other and further reliefs as this Hon’ble Court may deem fit and proper. 3. This Court by order dated dated 10.03.2008 in Criminal Application No. 131 of 2008 while suspending the sentence and releasing the applicant on bail has imposed certain terms and conditions. The said order reads thus : . By the present application, the Applicant / Accused No.3 Ronaldo Fernandes is seeking bail. The Applicant was convicted for the offence punishable under section 489B, C read with section 34 of Indian Penal Code. The Accused Nos. 1, 3 and 4 came to be convicted for the offence punishable under section 489C and sentenced to suffer R/I. for three years each and to pay fine of Rs.1000/- in default R/I for one month. The learned counsel for the Applicant submits that in the first place the offence punishable under section 489C is a bailable offence and in the second place he submits that for more than one and a half years the present Applicant is in custody. The said fact is revealed from the operative part of the order. My attention is invited to an order passed by the learned Single Judge of this Court dated 16th January, 2008, whereunder the Accused No.1 has been granted bail. I propose to grant the bail to the Applicant on the same terms and conditions. In the result, the present Applicant be released on bail in the sum of Rs.15,000/- with one or two sureties in the like amount. The applicant shall attend DCP CID, Unit 11 once in a month till the hearing and final disposal of the Appeal. The Applicant shall also remain present at the time of hearing of the Appeal. Application is disposed of. 4. It appears from the averments made in the present interim application that the applicant has flouted the condition of attendance. In paragraph No.6 of the present interim application, the applicant has inter alias stated thus: Dinesh S. Sherla 2/3 905-ia-2590 in apeal-103-08.odt “6. … … … … … … … … … … … … … … … … … … The Applicant states that initially the Applicant pursued his career in catering services and working as waiter at London, U.K. and since the year 2022 he started working as hourly basis cashier at Pollar Express, Gas Station/petrol pump 2340-Black Lock, Houston, Texas, USA-77080, and was working there continuously till February, 2026.” 5. Though it appears that this Court by order dated 14.7.2026 has relaxed the condition of attendance, however, the fact remains that the applicant has travelled abroad without seeking permission of this Court when the condition of attendance was in existence. Considering the overall facts and circumstances, I am not inclined to entertain the present interim application. Hence, the Interim Application is rejected. 6. Criminal Appeal No.103 of 2008 along with connected Criminal Appeal Nos. 1205 of 2007 and 1316 of 2007 be listed for final hearing on 26.10.2026. [N.R.BORKAR, J.] Dinesh S. Sherla 3/3