- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.1116 OF 2009 Hanumantrao Vishnu Kharat ... Petitioner vs Central Bureau of Investigation & anr. Respondents .. Mr.Prashant Sawardekar for Petitioner Ms.Poornima Kantharia with M.S.Bharadwaj for Respondent no.1 Ms.A.T.Jhaveri APP for state CORAM: A.S.OKA, J DATED: 6th July, 2009 P.C.: 1. Rule. Learned counsel appearing for the 1st respondent waives service. The APP waives service for the 2nd respondent. Considering the nature of the prayers made in the petition, the same is taken up for final disposal. 2. The petitioner is charged with offences under sections 409 and 420 read with section 120B of the Indian Penal Code and offence under section 13 (2) and 13 (1) (c) (b) of the Prevention of Corruption Act, 1988. After carrying out the investigation it was found that no offence under the Prevention of Corruption of Act, 1988 was made out against the petitioner. Therefore, the case - 2 - was transferred from the Special Court to the Court of the learned Metropolitan Magistrate. Earlier, the petitioner made an application seeking permission of the trial court to travel abroad. The petitioner was granted permission on more than one occasion. 3. The petitioner filed Misc.Application No.62/N of 2008 seeking permission to travel to UAE, Saudi Arabia and Ghana for business purpose for a period from 10th April, 2009 to 10th June 2009. The said application was opposed by the 1st respondent which has been rejected by the impugned order. The application has been rejected on the ground that on earlier two occasions the petitioner had overstayed. The learned Magistrate held that as the petitioner had overstayed he has forfeited his right to travel abroad. 4. The submission of the learned counsel appearing for the petitioner made on 24th June 2009 was that though the petitioner may have overstayed he has set out the reasons as to why he overstayed. He submitted that there is no breach of other terms and conditions made by the petitioner. On 24th June 2009 learned counsel appearing for the petitioner stated that apart from cash deposit of Rs.1,25,000/- which is already made by the petitioner, he will furnish additional cash deposit of Rs.75,000/- and will furnish a bank guarantee in the sum of Rs. - 3 - 3,00,000/-. Today learned counsel appearing for the petitioner stated that the petitioner has deposited the additional cash surety of Rs.3,75,000/- with the registry of this Court. He states that the amount has been deposited today by bankers cheque drawn on the State Bank of India. 5. Learned counsel appearing for the 1st respondent has opposed this petition by pointing out that on more than one occasion the petitioner has disobeyed the orders passed by the trial court. He submitted that if the petitioner is granted permission to travel abroad and he does not come back, the progress of the trial will be hampered. He states that the next date before the trial court is 16th November, 2009. 6. It must be stated here that on the last date the petitioner has tendered an application seeking modification of the prayers made in this petition. The prayer is for permitting the petitioner to travel abroad to UAE, Saudi Arabia and Ghana from 20th June 2009 to 30th June 2009. 7. It is submitted that on two occasions the petitioner has overstayed. However, there is an explanation given by the petitioner for overstay. My attention has been invited to various grounds taken in - 4 - this petition and in particular grounds nos. (d) to (f). Earlier the petitioner was permitted to travel abroad subject to furnishing cash deposit of Rs.1,25,000/-. Now, further cash surety of Rs.3,75,000/- has been furnished by the petitioner. Though the petitioner had overstayed, he came back and surrendered the passport to the investigating officer. Now, the petitioner has furnished substantial additional cash surety. A permission deserves to be granted to the petitioner to travel abroad. Hence, I pass the following order : O R D E R (i) The impugned order is quashed and set aside. (ii) The sum of Rs.3,75,000/- deposited by the petitioner in this Court shall be transferred to the Court of the learned Metropolitan Magistrate.  (iii) The petitioner is permitted to travel abroad to UAE,Saudi Arabia and Ghana up to 30th September, 2009 subject to furnishing cash surety of Rs.5,00,000/-. iv) It is clarified that cash surety of Rs 5,00,000/- has been already furnished by the petitioner. In the event the petitioner returns to India on or before 30th September, 2009 he will be entitled to withdraw amount of the cash surety. However, if he fails to return to India on or before 30th September 2009 apart from other remedies available to the 1st respondent, the cash deposit will stand forfeited. (v) The Investigating Officer will return the passport to the petitioner - 5 - subject to condition that the petitioner submits a detailed travel schedule to him including his contact number and addresses and subject to the condition of his filing an undertaking before the trial court to come back to India on or before 30th September 2009 and to surrender his passport before the Investigating Officer within a period of one week from the date of his return to India. (vi) Petition is disposed of in above terms. (vi) Parties and the Investigating Officer to act on an authenticated copy of this order. A.S.Oka, J - 6 - - 7 -