1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4556 OF 2009 Sh. Sanjay Dalmia S/o. Vishnu Hari Dalmia : Applicant (Orig.Accused no.1) V/s. State of Maharashtra & Ors. : Respondents ... Mr.V.R.Manohar, Senior Advocate, with Mr.Sanjog Parab, Mr.M.M. Jayakar, Mr.U.K.Khaitan, Mr.S. Garud and Ms Deepali Khurana i/b. M/s.Khaitan & Jayakar for the applicant. Mr.Ravi Kadam, Advocate General, with Mr.P.A.Pol, Public Prosecutor, for the State. Mr.Shirish Gupte, Senior Advocate, with Mr.A.P. Mundargi, Mr.Satish Maneshinde, Mr.Amit Desai and Mr.Subodh Desai i/b. M/s.Kartikeya & Associates for respondent no.3. .... CORAM : S.A. BOBDE, J. DATE : OCTOBER 15, 2009. P.C.: 1. This application is made to this Court in pursuance of the order of the Supreme Court of India dated 6.10.2009 whereby the applicant was granted liberty to approach this Court for any order or direction permitting him to go abroad for urgent negotiations. 2 2. Mr.Manohar, the learned counsel for the applicant, submitted that the applicant has been charged with offences under section 420 read with section 120-B of the Indian Penal Code by the Economic Offences Wing of the Mumbai Police in C.R. No.40/09. According to the learned counsel, the applicant is the Executive Chairman of GHCL, a company whose business is situate across continents with mills/operations in Gujarat, Tamilnadu, United Kingdom, Romania, the United States of America and is in the business of manufacturing soda ash and textiles. The total turn over of the group is said to be more than Rs.3,000 crores and the employee-strength is more than 6,000. These allegations have not been denied. The applicant has further stated that the investigation has been going on since July 2009 and he has presented himself for investigation when summoned by the police on 31.8.2009 and intends to do so again tomorrow i.e. on 16.10.2009. By this application, the applicant has prayed for a direction to be permitted to travel abroad on 19.10.2009 and return on 30.10.2009 for negotiations in respect of transactions proposed with certain European investors. The applicant proposes to travel to certain European countries named in the application. 3. The learned Advocate General for the State and Mr.Shirish Gupte, the learned counsel for the respondent no.3-complainant, opposed the grant of permission to the applicant on the ground that the applicant is 3 involved in a massive fraud wherein he is said to have mortgaged property which had already been sold and, according to the learned counsel, there is a possibility of the applicant skipping the process of the Court unless properly secured by conditions. There is, however, no serious denial about the need claimed by the applicant to travel abroad for negotiations. Apparently, the applicant has been undertaking such travel on several occasions in the past. 4. Having heard the learned counsel, it seems inappropriate to enter into the merits of the allegations for which the applicant is being prosecuted. Having regard to the circumstances of the case, I am of view that the applicant may be permitted to travel abroad on 19.10.2009 and return on 30.10.2009, upon compliance of the following conditions:- (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 within a period of three days from today. 4 (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. 5. The Criminal Application is disposed of. 6. All concerned to act on a copy of this order duly authenticated by the Registry. S.A. BOBDE, J.