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Bombay High Court
Yashovardhan Birla vs The State Of Maharashtra And Ors on 20 May, 2026
2026:BHC-AS:22696-DB
23- IA(ST)-10186-2026 IN WP-3429-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO. 10186 OF 2026
IN
WRIT PETITION NO. 3429 OF 2022
Yashovardhan Birla ... Applicant
Versus
The State of Maharashtra and Ors. ... Respondents
--------------------
Mr. Karan Kadam a/w Mr. Siddharth Mehta and Mr. Janmesh Vora
i/b Mehta and Padamsey.
Mr. S. K. Halwasia, for the Respondent No.2.
--------------------
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 20th MAY, 2026.
(VACATION COURT)
P.C. :
1. This Application is filed in a pending Criminal Writ Petition
No. 3429 of 2022. The main petition is filed for setting aside the Look-
Out Circular ('LOC') with respect of Investigation to Order No.
07/458/2015/-CL II (WR) passed on 14/10/2016 and Order No.
03/741/2018-CL-II (WR) passed on 07/01/2019.
2. During the pendency of the said petition, in the past, the
Applicant had filed various Interim Applications and was permitted to
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travel abroad 4 times vide order dated 30/06/2022, 26/05/2023,
30/04/2024 and 30/04/2025 passed by this Court.
3. The Applicant had availed of the permission granted vide
orders dated 30/06/2022, 26/05/2023, 30/04/2024 and 30/04/2025 and
has returned back to India, without violating any of the conditions
imposed on him. The orders are annexed at Exhibit 'G' & 'H-Colly'.
The learned Counsel for the Applicant submitted that the Applicant is
a businessman by profession and he wants to travel abroad from
20/05/2026 to 20/09/2026 to United Kingdom (U.K.), Europe,
Switzerland, Germany, United Arab Emirates(U.A.E.) and France
during the said period for the purposes of business and leisure. The
learned Counsel submits that a Division Bench of this Court in Writ
Petition 2031 of 2023 vide judgment dated 08/04/2026 had quashed
and set aside the Order No. 03/741/2018-CL-II (WR) passed on
07/01/2019 by the Central Government. The Judgment is annexed at
Exhibit 'A' to this Interim Application. Learned Counsel has relied on
the orders passed by the Special Court in MPID Special Case No. 04
of 2014 dated 10/04/2026 permitting the Applicant to travel abroad
from 20/05/2026 to 20/11/2026. The said order is annexed at Exhibit
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to this interim application. The learned Counsel further relied on the
order passed by the Special Court in PMLA Special Case No. 25 of
2018 dated 13/04/2026 permitting the Applicant to travel abroad from
20/05/2026 to 20/11/2026. The said order is annexed at Exhibit C to
this interim application. The learned Counsel further submits that the
proceeding pending before the 58th Additional Judge - cum - Special
Court in SLP Case No. 101163 of 2022 is stayed by an order of this
Court in Writ Petition (Cri.) No. 868 of 2023 dated 18/10/2023. The
Order is annexed at Exhibit 'D' to this Interim Application. The
Applicant has submitted an affidavit giving therein his entire itinerary
of his overseas travel including his addresses where he would be
staying.
4. Learned Counsel for Respondents vehemently opposed the
Application, they however, submit that in the event this court is
inclined to allow the Interim Application filed by the Applicant, then
stringent conditions may be imposed on the Applicant.
5. Perused the papers. It appears that the Applicant is facing
prosecution under the Maharashtra Protection of Interest of
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Depositors in Financial Establishments Act, 1999 (MPID),
Companies Act, 2013 as well as under the Prevention of Money-
Laundering Act, 2021 (PMLA). These cases are pending before the
learned Special Courts. It appears that in the MPID and PMLA cases,
the said Courts have permitted the Applicant to travel abroad on an
application made by the Applicant before the said Courts. The
proceeding before the Special Court under Companies Act has been
stayed by this High Court vide order dated 18/10/2023. It is not in
dispute that the Applicant travelled and returned thereafter and as
such, has complied with the said orders passed by both the Courts i.e.
PMLA Court as well as MPID Court. In paras 9.1 and 9.2 of the
Interim Application, the Applicant has given details of his earlier
travel outside India with the permission of this Court during the
period, 2022 to 2025. It appears that the Applicant intends to travel
for his business related work as well as for leisure from the period
from 20/05/2026 to 20/09/2026. It is not in dispute that the Applicant
has abided by the earlier terms and conditions, whilst travelling
abroad, as spelt out by the Special Courts in its orders.
6. Considering that the Applicant has travelled earlier and is
ready to abide by the terms and conditions as may be imposed by this
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Court, the petition is allowed on the following terms and conditions;
ORDER
(i) The Applicant-Yashovardhan Birla is permitted to
travel overseas to United Kingdom (U.K.), Europe, Switzerland,
Germany, United Arab Emirates(U.A.E.) and France during th
period from 20/05/2026 to 20/09/2026;
(ii) The Applicant, before his departure, to file an
affidavit cum undertaking, setting out the full itinerary of his
overseas travel with all details, including the addresses where he
would stay, contact numbers etc. A copy of the said affidavit
shall also be furnished to the Investigating Officer of the Serious
Fraud Investigating Office (SFIO) i.e. Respondent No.2, before
the Applicant's departure:
(iii) The Applicant shall undertake not to apply for
renewal or extension of this order until he returns to India;
(iv) The Applicant to also state in his affidavit cum
23- IA(ST)-10186-2026 IN WP-3429-2022.doc
undertaking that he will not travel to any other country except
United Kingdom (U.K.), Europe, Switzerland, Germany,
United Arab Emirates(U.A.E.) and France .
(v) 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 Respondent No.2 - SFIO has informed the Immigration
Authorities or not;
(vi) In the meantime, the operation of the LOC issued
against the Applicant, is stayed during the said period i.e.
between 20/05/2026 to 20/09/2026;
(vii) The Respondent No.2 - SFIO to communicate this
order to the immigration authorities at the earliest and in any
event within 24 hours of this order being uploaded.
(vii) The Immigration Authorities shall not insist upon a
23- IA(ST)-10186-2026 IN WP-3429-2022.doc
certified copy of this order but will act on presentation of an
authenticated or digitally signed copy of this order.
(viii) Interim Application (ST) No.10186 of 2026 is
disposed of.
(SANDESH D. PATIL, J.) (GAUTAM A. ANKHAD, J.)
