Citation : 2026 Latest Caselaw 3216 Bom
Judgement Date : 30 March, 2026
2026:BHC-AS:15082-DB
13-IA-1001-2026 In WP-1505-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1001 OF 2026
IN
WRIT PETITION NO. 1505 OF 2026
Gaurav Gupta ... Applicant
Versus
The State of Maharashtra and Anr. ... Respondents
--------------------
Mr. Sanmit Vaze a/w Pujan Patel i/b Mr. Vinay J. Bhanushali, for the
Applicant.
Ms. Mahalakshmi Ganapathy, Addl. P. P., for the Respondent-State.
Mr. Mandar Lad, Police Inspector, Economic Offence Wing, Thane
City.
--------------------
CORAM : SARANG V. KOTWAL &
SANDESH D. PATIL, JJ.
DATE : 30th MARCH, 2026.
P.C. :
1. This is an Application pending in Criminal Writ Petition
No.1505 of 2026. The Petition is filed for setting aside the Look Out
Circular (LOC) No. 2025445836 dated 24/11/2025. However, during
the pendency of the Petition, the Applicant has filed this Application
13-IA-1001-2026 In WP-1505-2026.doc
for interim relief. He is praying for suspension of the said LOC
between the period from 06/04/2026 to 13/04/2026 because he wants
to travel to Bangkok and Hongkong during that period for business
purposes.
2. Heard learned Counsel appearing for the Petitioner and learned
A.P.P. for the Respondent-State.
3. The Applicant is one of the Accused in FIR No.1230 of 2025
registered at Narpoli Police Station on 05/11/2025 under Section 3(5)
and 316(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).The allegations
are that the Applicant and others have caused loss to the informant on
false representation to the tune of more than Rs.45 Crores. The
investigation at present is carried out by Economic Offence Wing
(EOW), Thane. The Applicant had made an application before the
Judicial Magistrate First Class, Court No.3, Bhiwandi in February,
2026 for permission to travel to Dubai between 10/02/2026 to
20/02/2026. At that time, the Investigating Officer had given no
13-IA-1001-2026 In WP-1505-2026.doc
objection for such travel provided certain conditions were satisfied.
Inspite of this no objection, the learned Magistrate had not granted
him permission to travel abroad. We are informed that the Applicant is
not arrested in this matter during the investigation. The investigation is
still going on. The reply filed by the Investigating Agency before the
learned Magistrate mentions that the Investigating Agency entertained
apprehension that the Applicant may not co-operate with the
investigation and will go to some foreign country and therefore, at the
instance of the Investigating Agency LOC No.2025445836 dated
24/11/2025 was operational and the Immigration Department was
informed to stop the Applicant from going abroad. The reply further
mentions that during the investigation, the Applicant had appeared
before the Investigating Agency's Office from time to time. Today, we
are informed that he has co-operated with the investigation.
4. Learned A.P.P. submitted before this Court, today, on specific
instructions of Investigating Officer-Mandar Lad, Police Inspector that
the Investigating Agency has no objection for granting permission to
13-IA-1001-2026 In WP-1505-2026.doc
the Applicant to travel to Bangkok and Hongkong between
06/04/2026 to 13/04/2026 on the conditions that the Applicant would
provide copies of air tickets, Applicant's address, contact numbers and
nature of his work in Bangkok and Hongkong, and if Applicant files
undertaking that he would return on or before 13/04/2026.
5. Learned Counsel for the Applicant submitted that the Applicant
is in the business of import and export of dry fruits and chemicals, and
he needs to travel to these two countries in this respect and submitted
that the Applicant will abide by the conditions mentioned by the
Investigating Agency. Considering the specific no objection given by
the Investigating Agency, the Application can be allowed on these
conditions, hence the following order:
(i) The Applicant is permitted to travel to Bangkok and
Hongkong between 06/04/2026 and 13/04/2026 on the
following conditions:
(a) The Applicant shall submit an undertaking to this
13-IA-1001-2026 In WP-1505-2026.doc
Court before his travel that he would return to India on or
before 13/04/2026. The undertaking shall be accompanied
by the copies of Air tickets, Applicant's address, contact
numbers and the nature of his business in Bangkok and
Hongkong. The copy of this undertaking along with these
documents shall be served on the Investigating Agency
within four days from today.
(b) If the Applicant furnishes those documents in the
Court and with the Investigating Officer, the LOC
No.2025445836 dated 24/11/2025 shall remain
suspended between 06/04/2026 to 13/04/2026. The
Applicant shall be permitted to travel abroad during that
period. On his return, the Applicant shall report to the
Investigating Officer. In case, the Applicant fails to comply
with these conditions, the Investigating Agency is at liberty
to take steps in accordance with law.
13-IA-1001-2026 In WP-1505-2026.doc
6. With these directions and observations, the Interim
Application No.1001 of 2026 is disposed of.
7. It is clarified that these observations operate only with
respect to LOC No. 2025445836 dated 24/11/2025.
(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)
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