1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.179 OF 2010 IN WRIT PETITION NO.2878 OF 2009 Sanjay Dalmia .. Applicant. Vs. State of Maharashtra & Ors. .. Respondents. Mr.S.R.Chitnis, Sr.Counsel with Mr.Amit Jagoo with Amon Verma with Abhileen Chaturvedi i/b PHA for the applicant. Mr.P.A.Pol P.P. for the State. Dr.Birendra Saraf i/b Kartikeya & Associates for respondent no.3. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 7TH MAY, 2010. P.C. Heard Mr.Chitinis, learned senior counsel for the applicant, Mr.Pol, learned P.P. for the State and Mr.Saraf, learned counsel for respondent no.3. 2. By this application the applicant has prayed for allowing him to travel abroad during the period from 10.5.2010 to 30.5.2010. It appears that on earlier occasions the applicant was allowed to travel abroad on certain conditions. Even this court vide order dated 15th April, 2010 in criminal application no.129 of 2010 had allowed the applicant to travel abroad during the period commencing from 19.4.2010 to 26.4.2010 on conditions. The applicant, however, could not travel during this period (19.4.2010 to 26.4.2010). We have heard learned counsel for the parties for sometime. Our attention was invited to letter dated 10.4.2010. We have perused the said letter of S 2 Carissa Investments Pvt. Ltd., the applicant’s company. They were to make certain payments on the dates mentioned in the letter. The letter is taken on record and marked “X” for identification. As provided for in the letter, the applicant’s company was supposed to make payment of Rs.10 crores on or about 15.4.2010. This was as per the settlement agreements dated 18.11.2009 and 12.12.2009. The applicant’s company had accordingly issued four cheques of Rs.5 crores, Rs.3 crores and two cheques of Rs.1 crore each. Out of these four cheques respondent no.3 deposited only one cheque of Rs.1 crore and that was encashed. Insofar as remaining cheques are concerned, respondent no.3 did not deposit as they were requested by the applicant’s company not to deposit those cheques. In view thereof Mr.Saraf, learned counsel for respondent no.3 submits that if the applicant’s company make payment of Rs.9 crores before he leaves the country, they have no objection for allowing him to travel abroad during the aforementioned period. In the circumstances the applicant is directed to travel abroad upon compliance of the following conditions: (i) The applicant or his company shall make payment of Rs.9 crores before he leaves country to respondent no.3 either by demand draft or banker’s cheque. It is needless to state that respondent no.3 on receipt of payment of Rs.9 crores shall return the post-dated cheques earlier deposited by the applicant’s company with respondent no.3. (ii) That the applicant gives a Bank Guarantee of a Nationalised 3 Bank duly executed by him or GHCL, the company of which he is said to be the Chairman/Promoter in the sum of Rs.10,00,00,000/- (Rupees Ten Crores only) in favour of the Registrar General of this Court. (iii) That the applicant submits a detailed itinerary of his proposed travel to the Investigating Officer before he undertakes the journey. (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 return to India on or before 30th May, 2010. (vi) The applicant shall re-deposit his Passport immediately upon his return to India with the Registrar General of this court on 31st May, 2010. Application is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)