1 wp260.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.260 OF 2011 Natasha B. Kapadia. ....Petitioner Vs. State of Maharashtra & ors. ....Respondents Mr. A.H.H.Ponda i/b.S.P.Nangre, advocate for petitioner. Mr. A.S.Gadkari i/b. S.K.Shinde, advocate for CBI. Mr. P.A.Pol, PP for State. CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 31, 2011. P.C. 1. Heard Counsel for the Petitioner as well as learned APP. 2. During the course of hearing, in the context of issues urged before us, in deference to the observations made by us in court, the learned APP on instruction of the Investigating Officer, P.I. Jeetendra Anand, BSFC, CBI, who is present in court, states that without prejudice to the action to be taken against the Petitioner during the course of investigation in connection with the offence in question, the passport of the Petitioner, which has been seized, will be returned back on condition that the Petitioner should file an undertaking in this 2 wp260.11 court to the effect that as and when her presence is required by the Investigating Officer in connection with the offence under investigation on sufficient advance notice, she would attend the office of the Investigating Officer and also cooperate in the investigation. 3. We have no manner of doubt that the Investigating Officer would summon the Petitioner for investigation of the crime only if her presence is found essential as the Petitioner will have to rush from New York where she is pursuing her studies, as also doing internship in Fashion Marketing Christian Cota. The passport as well as the debit card of the Petitioner be returned to the Petitioner as per the assurance given by the Investigating Officer as soon as affidavit of undertaking is filed by the Petitioner in this court. The Petitioner is present in court and assures to file stated undertaking in the course of the day in the Registry of this court, copy whereof be served in the office of the Investigating Officer. 4. In view of the above, the Petition is disposed of as other reliefs are not pressed by the Petitioner at this stage. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)