Bombay High Court
Chaitya Rajesh Shah S/O Rajesh Shah vs Union Of India And Ors on 7 December, 2023
Author: A. S. Gadkari
Bench: A. S. Gadkari
2023:BHC-AS:36849-DB
Ganesh 57-WP-3695-2023.doc
Digitally
signed by
GANESH
GANESH SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:
2023.12.08
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:18:08
+0530
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3695 OF 2023
Chaitya Rajesh Shah .. Petitioner
Versus
Union of India & Ors. .. Respondents
Mr. Yash Agarwal a/w. Rahul Agarwal, Jasmin Purani i/b. Agarwal and
Dhanuka, Legal Advocate for the Petitioner.
Mr. S. K. Halwasia, Addl. P.P. for Respondent Nos.1 & 2.
Mr. Y. M. Nakhwa, APP, for Respondent No.3-State.
CORAM: A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 7th DECEMBER, 2023.
JUDGMENT:
[PER:- SHYAM C. CHANDAK,].
1) Rule.
2) Rule made returnable forthwith. With consent of the learned
counsel for the respective parties, taken up for hearing.
3) Heard Mr. Agarwal, learned Advocate for the Petitioner, Mr. S.
K. Halwasia, learned Addl. P.P. for Respondent Nos. 1 and 2 and Mr. Nakhwa,
learned APP for Respondent No.3-State.
4) By this Petition filed under Article 226 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973, the
Petitioner seeks permission to travel overseas from 10 th December, 2023 to
Ganesh 57-WP-3695-2023.doc
21st December, 2023 i.e. Hong Kong, Macau and Shenzhen, China for his
business purpose.
5) Learned Advocate for the Petitioner submitted that, the
Petitioner is a businessman in Jewellery sector. But the Petitioner is not able
to travel to abroad and do his business properly, due to issuance of LOC
against. Meanwhile, there were changes in circumstances, therefore, the
Applicant was permitted to travel abroad on two occasions. Thus, it is
apparent that, the Applicant is not a flight risk. The Applicant is ready to
abide by all the conditions that may be imposed to permit him to travel
abroad.
6) Mr. Halwasia, learned Addl. PP for Respondent Nos. 1 and 2
have opposed the Application strongly.
7) There is no dispute that, on previous occasions, this Court
permitted the Applicant to travel abroad on certain conditions. The
Petitioner had fulfilled those conditions. As such, the Petitioner is not a flight
risk.
8) In view thereof, and considering the observations of this Court
in the earlier orders, we are inclined to allow the Applicant to travel abroad
i.e. to Hong Kong, Macau and Shenzhen, China from 10th December, 2023 to
21st December, 2023, for his business purpose, on the following terms and
conditions:
Ganesh 57-WP-3695-2023.doc
(i) During the said period of travelling to Hong Kong, Macau
and Shenzhen, China from 10th December, 2023 to 21st
December, 2023, the LOC issued at the instance of the
SFIO shall stand suspended;
(ii) The Applicant, before his departure as above, to file an
affidavit-cum-undertaking with the Registrar (Judicial-I),
Appellate Side of this Court, setting out the full itinerary
of his overseas travel with all details, including the
address where he would stay, telephone/mobile/contact
numbers, on which he can be contacted during the said
period;
(iii) A copy of the said affidavit-cum-undertaking shall also be
furnished to the SFIO, before the applicant's departure;
(iv) The Applicant before his departure as above, shall
deposit the valid passport of his wife and children with
the office of SFIO;
(v) The Applicant before his departure shall also submit
copies of his tickets for the onward and return journeys,
to the SFIO as well as before the Registrar (Judicial-I),
Appellate Side, of this Court and also inform the SFIO of
his return back to India within 48 hours of his return;
Ganesh 57-WP-3695-2023.doc
(vi) The Immigration Authorities on all points of departure,
will permit the Applicant to pass through immigration
and to board his flight or flights, irrespective of whether
the immigration system has been updated and whether
the SFIO has informed the Immigration Authorities or
not;
(vii) Learned Addl. PP for Respondent Nos.1 and 2 to
communicate this order to the Immigration Authorities
forthwith and in any event within 24 hours of this order
being uploaded;
(viii) The Applicant shall not apply for renewal or extension of
this Order until he returns to India.
9) The writ Petition is allowed in the aforesaid terms.
10) Stand over to 22nd December, 2023 for recording compliance of
the aforesaid order and return of the passport of the Applicant's wife.
11) All concerned to act on the authenticated copy of this order.
(SHYAM C. CHANDAK, J.) (A. S. GADKARI, J.)
