[Cites 5, Cited by 0]
Bombay High Court
Nikhil Rajendra Chandarana vs State Of Maharashtra And Anr on 3 February, 2026
Author: N. J. Jamadar
Bench: N. J. Jamadar
2026:BHC-AS:5428
903-IA313-2026INAPL210-2024.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 313 OF 2026
IN
CRIMINAL APPLICATION NO. 210 OF 2024
Nikhil Rajendra Chandarana ...Applicant
Versus
1. The State of Maharashtra
2. Smt. Sushma H. Agarwal ...Respondents
SANTOSH
SUBHASH
KULKARNI Mr. R. Sathyanarayanan, a/w Rahul Raj, for the Applicant.
Digitally signed by
SANTOSH SUBHASH
Smt. S. G. Talhar, APP for the State - Respondent No.1.
KULKARNI
Date: 2026.02.03
15:08:57 +0530
Mr. Pratham Rakesh Jain, for Respondent No.2.
CORAM: N. J. JAMADAR, J.
DATED: 3rd FEBRUARY, 2026
Oral Order:-
1. Heard the learned Counsel for the applicant.
2. This application, in Criminal Application No.210 of 2024 is
filed seeking permission to travel to Singapore from 4 th
February, 2026 to 6th February, 2026.
3. Mr. Sathyanarayanan, the learned Counsel for the
applicant, submits that the applicant was constrained to
approach this Court as the learned Magistrate has not taken the
application to travel abroad on board and the applicant is
required to travel to Singapore from 4th February, 2026 to 6th
February, 2026.
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4. The learned Counsel for respondent No.2 - original
complainant submits to the order of the Court.
5. The applicant has filed an additional affidavit wherein the
applicant has made the following averments:
"3. I state that during the pendency of R.C.C.1033/2021 I
had been permitted to travel to South Africa during the
period from 06.06.2024 to 12.06.2024. This was pursuant to
Order dated 05.06.2024 passed by the Learned JMFC, Thane
and I tried my best to locate the Order. However I could not
trace it. I approached the court of Learned Judicial
Magistrate, First Class, Thane, to obtain certified copy again,
but I was given to understand that it would take at least two
days to get a certified copy. Therefore, I am filing this affidavit
to place on record that I travelled to South Africa during the
period from 06.06.2024 to 12.06.2024 after obtaining prior
permission of the Learned JMFC, Thane. This Order was
passed on 05.06.2024. And one of the conditions was that I
deposit Rs.30,000/- as cash security, which I deposited on
05.06.2024. On return I applied for refund, which was
refunded to me accordingly. In fact the application for
permission to travel to South Africa was processed through
my advocate R. Sathyanarayanan."
6. The applicant is facing prosecution for the offences
punishable under Sections 326, 324, 504 and 506 of the Indian
Penal Code, 1860. By an order dated 4 th January, 2023, the
applicant was granted bail subject to the condition that the
applicant shall not leave India without the permission of the
Court. It appears that, the applicant was permitted to travel
abroad in the past and has returned to India.
7. Having regard to the nature of the accusation and the
situation in life of the applicant, it does not appear that the
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applicant poses a flight risk. The right to travel abroad is
considered to be a facet of the right to life guaranteed under
Section 21 of the Constitution of the India. In these
circumstances, the Court is inclined to allow the application.
8. Hence, the following order:
:ORDER:
(i) The application stands allowed.
(ii) The applicant is permitted to travel to Singapore for the
period 4th February, 2026 to 6th February, 2026, subject
to depositing an amount of Rs.50,000/- in the trial
Court, by way of security.
(iii) The applicant will be entitled to refund of the security
deposit after he returns to India and reports to the trial
Court.
(iv) The applicant shall also furnish, on an affidavit, the
details of the itinerary, particularly the date on which the
applicant would return back to India, and the address/es
at which the applicant would be residing at Singapore
and contact number/s and address thereat.
903-IA313-2026INAPL210-2024.DOC
(v) The applicant shall also furnish a self attested copy of the
passport alongwith the affidavit, to be filed before the
learned Magistrate.
(vi) Copy of such affidavit and self-attested copy of the
passport be also furnished to the Investigating Officer.
(vii) Application stands disposed.
(viii) All concerned to act on an authenticated copy of this
order.
Criminal Application No.210 of 2024, stand over to 26 th
March, 2026.
[N. J. JAMADAR, J.]
