Bombay High Court
Girish Gupta And vs Union Of India And Anr on 6 May, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
NISHA
2024:BHC-AS:21554-DB
Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2024.05.09
CHITNIS 11:19:28 +0530
108-wpst.6252.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (STAMP) NO.6252 OF 2024
Girish Gupta
Residing at:B 119, Hari Marg,
Malviya Nagar,
Jaipur-302017 ... Petitioner
Versus
1. The Union of India,
Through the Ministry of Law and Justice
South Block, E Block,
Central Secretariat,
New Delhi-110 001.
Having its Mumbai address at:
C-45, BandraKurla Complex Road,
G Block, BandraKurla Complex,
Mumbai-400 098.
2. Bureau of Immigration,
Ministry of Home Affairs,
Through the Immigration Officer,
Government of India,
East Block-VIII, Level-V, Sector-1,
R. K. Puram, New Delhi-110 066,
Having its Mumbai address at:
Chhatrapati Shivaji Maharaj,
International Airport, Navpada,
Vile Parle-East, Mumbai-400 099.
N. S. Chitnis 1/6
::: Uploaded on - 09/05/2024 ::: Downloaded on - 24/05/2024 11:03:39 :::
108-wpst.6252.2024.doc
3. Central Bureau of Investigation,
[BS&FB Mumbai],
'G' Block, Bandra Kurla Complex,
Near MTNL Exchange, Bandra (East),
Mumbai - 400098.
4. State of Maharashtra,
Through the Office of the
Public Prosecutor ...Respondents
Ms. Jasmin Purani a/w Mr. Rahul Agarwal and Mr. Sajid Sayed i/b
Agarwal & Dhanuka Legal, for the Petitioner.
Mr. D. P. Singh, for the Respondent Nos.1 and 2.
Mr. Jai Vohra i/b Mr. Amit Munde, for the Respondent No.3-CBI.
Ms. K. T. Hiwrale, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 6th MAY 2024
ORAL JUDGMENT (Per Revati Mohite Dere, J.) :
1. Heard learned counsel for the parties.
2. Rule. Rule is made returnable forthwith, with the consent
of the parties and is taken up for final disposal. Learned A.P.P waives
notice on behalf of the respondent - State. Learned counsel waive
108-wpst.6252.2024.doc
notice on behalf of the respective respondents.
3. By this petition, the petitioner seeks permission to travel
overseas to San Francisco, U.S.A. from 19 th May 2024 to 27th July
2024. During the said period, it is prayed that the Look Out Circular
('LOC') issued as against the petitioner, be suspended.
4. Learned counsel for the respondent No.3-CBI has tendered
an affidavit-in-reply of said respondent. The same is taken on record.
According to the learned counsel for the respondent No.3-CBI, the
petitioner's petition be rejected as the petitioner is a flight risk.
5. Perused the petition. The petitioner has been arraigned
as accused No.7 in an FIR bearing No.RC0772023E0007 dated 17 th
May 2023 registered by the Central Bureau of Investigation ('CBI') for
the alleged offences punishable under Section 420 r/w Section 120B of
the Indian Penal Code and Section 13(2) r/w 13(1)(d) of the
Prevention of Corruption Act. According to the petitioner, although
he has been arraigned as accused No.7 in the FIR by the CBI, he was
108-wpst.6252.2024.doc
only a Non-Executive Nominee Director of M/s. Leeway Logistics Ltd.
It is not in dispute that this Court vide order dated 23 rd August 2023
had permitted the petitioner to travel overseas i.e. to San Francisco,
U.S.A. from 6th September 2023 to 8th October 2023, on certain terms
and conditions, stipulated in the said order. It is also not in dispute
that the petitioner has complied with the said terms and conditions, as
stipulated in the said order. It appears that the petitioner is required
to travel overseas again to San Francisco, U.S.A, to finalize his son's
marriage, who is stated to be of a marriageable age. The petitioner
has assured to furnish his itinerary to the respondent No.3-CBI,
before his departure. It appears that the petitioner has not been
summoned by the respondent No.3-CBI, since 30 th May 2023.
6. Considering what is stated aforesaid, the petition is
allowed on the following terms and conditions;
ORDER
(i) The petitioner-Girish Gupta, is permitted to travel overseas
i.e. to San Francisco, U.S.A. during the period from 19 th May
2024 to 27th July 2024. During the said period of travel, the
108-wpst.6252.2024.doc
LOC issued as against the petitioner, at the behest of the
respondent No.3-CBI, shall stand suspended;
(ii) The petitioner, before his departure, shall furnish the full
itinerary of his overseas travel with all details, including the
addresses where he would stay, telephone/mobile/contact
numbers, on which he can be contacted during the said period,
to the respondent No.3-CBI, via e-mail/fax or any other
electronic mode;
(iii) The petitioner shall, on his return to India, within 48
hours, shall inform the respondent No.3-CBI of his return;
(iv) The Immigration Authorities, on all points of departure,
shall permit the petitioner to pass through immigration and to
board his flight or flights, irrespective of whether the
immigration system has been updated and whether the CBI has
informed the Immigration Authorities or not;
(v) The petitioner shall not apply for extension or renewal of
this order, until he returns to India;
(vi) The respondent No.3-CBI shall inform the Immigration
Authorities of the order passed today, at the earliest and in any
event within 48 hours of this order being uploaded.
108-wpst.6252.2024.doc
7. Rule is made absolute on the aforesaid terms. Petition is
accordingly disposed of.
All concerned to act on the authenticated copy of this
judgment.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
