Citation : 2026 Latest Caselaw 4933 Bom
Judgement Date : 13 May, 2026
2026:BHC-AS:22504-DB
PALLAVI
MAHENDRA 5-IA-1626-2026 (CR).doc
WARGAONKAR
Digitally signed by
PALLAVI MAHENDRA
WARGAONKAR
Date: 2026.05.13
20:08:12 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 1626 OF 2026
IN
CR. WRIT PETITION NO. 1505 OF 2026
Gaurav Gupta ...Applicant
Versus
State of Maharashtra And Anr. ...Respondents
__________
Mr. Vinay Bhanushali a/w Mr. Sanmit Vaze, for the Applicant.
Ms. Supriya I. Kak, APP, for the Respondent - State.
S.S. Tadavi, EOW, Thane, Narpoli Police Station.
__________
CORAM : ADVAIT M. SETHNA &
SANDESH D. PATIL, JJ.
DATE : 13 MAY 2026
(VACATION COURT)
P.C.:
1. Heard learned counsel for the parties. This Interim Application
has been filed on behalf of the Applicant for seeking permission to travel
abroad in view of the prayers seeking for suspension/quashing of the
Look-Out Circular (LoC) which is issued against the present Applicant.
2. The Learned Counsel for the Applicant has drawn attention of this
Court to an order dated 20 April 2026 passed by a co-ordinate Bench of
this Court. By the said order, the Applicant was permitted to travel
abroad wherein the Court recorded that the main Petition is filed for
setting aside the LOC dated 24 November 2025. It is the same LOC
which is the subject matter of the proceedings before this Court. Such
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permission was granted subject to certain terms and conditions as
recorded in the order.
3. Our attention has also been invited to the subsequent order dated
30 March 2026 where the Applicant was similarly permitted to travel
abroad subject to the terms and conditions imposed in paragraph 5 of
the said order.
4. The Applicant now seeks similar permission to travel abroad, the
details of such travel have been set out in the Application at paragraph 9
which reads as under:-
Sr. Dates Destination Details of Stay
No.
1. 18/05/26 To Hongkong Kerry Hotel,
28/05/26 38 Hung Luen Road Hung
Hom Bay Kowloon,
Hongkong
2. 30/05/26 To London Hilton London Kensington,
15/06/26 179-199 Holland Park
Avenue, London, W11 4UL,
London
3. 20/06/26 To Dubai JW Marriott Marquis Hotel,
30/06/26 Sheikh Zayed Road, PO Box
121000, Business Bay, Dubai
5. Ms. Kak, learned APP for the State under instructions states that
the Investigation Agency has no objection if the Application is allowed.
This, more particularly, in view of the fact that similar Applications have
been allowed in the past. The investigation is pending. It is stated that
the Applicants have co-operated in the pending investigation.
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6. Considering the above, we deem it just and proper to allow this
application by passing the following order:-
ORDER
(A) Applicant is allowed to travel to Hongkong from 18 May 2026 to
28 May 2026 and also to London from 30 May 2026 to 15 June 2026.
Such permission shall be subject to the following conditions:-
(i) The Applicant shall furnish his itinerary, Air-tickets, contact
details and addresses where he would be staying or visiting
Hongkong and London to the Investigating Officer as early
as possible before his departure.
(ii) The Investigating Officer shall inform the Immigration
Authorities regarding receiving the said information.
(iii) If these primary conditions are satisfied, then the Applicant
is permitted to travel between 18 May 2026 to 15 June
2026 (supra) on the following conditions :
(a) The Applicant shall submit an Undertaking to this
Court before his travel that he would return to India
on or before 16 June 2026. The Undertaking shall be
accompanied by the copies of Air-tickets of the
Applicant, addresses, contact numbers and the nature
of his business in Hongkong and London.
(b) A copy of such Undertaking alongwith necessary
documents as mentioned above, shall be served on the
5-IA-1626-2026 (CR).doc
Investigating Agency as early as possible, before his
departure from India.
(c) If the Applicant furnishes those documents in the
Court and with the Investigating Officer, the LOC
No.2025445836 dated 24 November, 2025 shall
remain suspended between 18 May, 2026 to 16 June,
2026.
(d) The Applicant shall be permitted to travel to
Hongkong and London during the period between 18
May 2026 to 15 June 2026. On his return, the
Applicant shall report to the Investigating Officer.
(e) In case, the Applicant fails to comply with these
conditions, the Investigating Agency is at liberty to
take steps in accordance with law.
7. With these directions, the Interim Application No. 1626 of 2026 is
disposed of.
8. It is clarified that these observations operate only with respect to
LOC No. 2025445836 dated 24 November, 2025.
9. All concerned to act on the authenticated copy of this order.
[SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.]
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