1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 375 OF 2009 IN WRIT PETITION NO. 2878 OF 2009 Sanjay Dalmia. .. Applicant. vs. State of Maharashtra & Ors. .. Respondents. Mr. Rajan Shirodkar i/by Khaitan & Jaykar for the applicant. Mr. P.A. Pol, P.P., for Respondent No. 1. Mr. K.G. Desai i/by Karthikeya & Asso. for Respondent No. 3. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 4TH NOVEMBER, 2009 P.C. : Heard. 2 2. Taking into consideration that on earlier occasion a learned Single Judge of this Court was moved by filing Criminal Application No. 4556 of 2009 for permission to travel abroad and by an order dated 15.10.2009 the learned Single Judge permitted the petitioner to travel abroad on certain terms and conditions and further, there no grievance made in respect of the fact that the petitioner has committed any breach of the order or has made himself scare. On the other hand, he has complied with the conditions which were imposed while granting permission to travel abroad and returned on the specified date. 3. We have been informed by the learned counsel for the parties that negotiations are going on between the parties and the matter is likely to be settled amicably. We may make it clear that in so far as the settlement is concerned, whether it will have any repercussion on the investigation of this case is a matter to be dealt separately and, therefore, we allow this application on the same terms and conditions which we reproduce below:- 4. The petitioner/applicant may be permitted to travel abroad on 5.11.2009 and return on 11.11.2009 upon compliance of the following conditions:- 3 (i) That the applicant gives a Bank Guarantee of a Nationalized Bank duly executed by him or GHCL, the company of which he is said to be the Chairman/Promoter in the sum of Rs. 1,00,00,000/- (Rupees One Crore only) in favour of the Registrar General of this Court. (ii) That he submits a detailed itinerary of his proposed travel to the Investigating Officer before he undertakes the journey. (iii) That he duly attends any summons for investigation before and after his travel. (iv) The Registrar General shall hand over the Passport of the applicant to him for enabling the travel which is permitted under this order. The Registrar General shall hand over the Passport upon due compliance with the conditions imposed by this Court. (v) The applicant shall re-deposit his Passport immediately upon his return to India with the Registrar General of this Court. 4 5. The criminal application stands disposed of accordingly. 6. All concerned to act on a copy of this order duly authenticated by the Registry. ( J. N. PATEL, J.) ( A. A. SAYED, J.)