1 cri-appw-327-11.doc pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 327 OF 2011 IN CRIMINAL WRIT PETITION NO. 2878 OF 2009 Sh. Sanjay Dalmia ...Aplicant Versus The State of Maharashtra and ors. ...Respondents Mr. Mahesh Jethmalani, Senior Advocate with Mr. Pranav Badeka, Mr. Amit Jajoo, Mr. Anil Singh and Mr. Abhilen Chaturvedi i/by M/s. Paras Kuhad and Associate for applicant. Mr. P.A. Pol, PP for State. Mr. K.G. Desai i/by Kartikeya and Associate for respondent no.3. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 21, 2011. P.C. 1. The applicant, who is petitioner in Criminal Writ Petition No. 2878 of 2009, seeks permission to travel abroad from 23rd July, 2011 till 2 cri-appw-327-11.doc 10th August, 2011. Such permissions were sought by him in the past on several occasions by filing separate applications. The last such application was Criminal Application No. 231 of 2011 which was allowed on 4/5/2011 and the applicant was permitted to travel abroad during the period from 9/5/2011 to 30/6/2011 upon submitting the itinerary to the Investigating Officer from EOW of Mumbai Police. The record also indicates that every time the applicant has returned from the foreign tour. He has returned his passport to the Registrar General of this court and has maintained the itinerary as furnished by him. 2. The original complainant has not opposed this application by filing a reply and the learned counsel for the complainant left it to the court to pass an appropriate order. On the other hand, the Investigating Officer by his report dated 21/7/2011, a copy of which has been placed before us, has stated that the applicant appeared before him on 20/7/2011 and his supplementary statement was recorded. It has been further stated that the applicant was summoned to produce the concerned documents, but he failed to do so. It is also alleged that the applicant is not responding properly and trying to evade the important documents from the Investigating machinery. On all these grounds, the application has 3 cri-appw-327-11.doc been opposed on the apprehension that the applicant will not make himself available before the Investigating machinery. 3. We do not find any basis for the apprehensions expressed by the Investigating Officer of EOW and the past record does support his view. So far as the production of documents is concerned, Mr. Jethmalani, the learned Senior Counsel, has placed before us a copy of the letter dated 18/7/2011 addressed by the applicant to Mr. Ashok Kakad, Police Inspector, EOW, Unit-III, Crime Branch, CID, Mumbai and it has been clearly stated in the said letter that all the documents available with the applicant or accessible by him have been provided to the EOW and the applicant does not have any further information or document which he can share/provide to the IO. He has also categorically stated that he does not have in his possession original agreement to sale and that authenticated copies of the agreement to sale have already been provided to the IO. 4. We, therefore, do not have any hesitation in allowing this application and we hereby allowed the same and grant permission to the applicant to travel abroad between 23rd July, 2011 and 10th August, 2011 4 cri-appw-327-11.doc on the following terms and conditions:- (a) The applicant is allowed to travel abroad during the period commencing from 23rd July 2011 till 10th August 2011 upon submitting itinerary to the Investigating Officer on each time the applicant undertakes to travel. (b) The Registrar General shall return the applicant’s passport for this limited purpose which shall be deposited back by the applicant on his arrival from abroad on or before 12th August, 2011. (c) The applicant shall give Bank Guarantee of a Nationalized Bank duly executed by him or by GHCL, the company of which he is stated to be Chairman / Promoter in the sum of Rs.1,00,00,000/- (Rupees One Crore) in favour of the Registrar General of this Court which shall be kept alive till 16th August, 2011. In case, the applicant fails to comply with the earlier direction before 12th August, 2011, the Registrar General shall invoke the said Bank Guarantee on 5 cri-appw-327-11.doc 16th August, 2011 itself. (d) The applicant undertakes to attend any summons for investigation before and after his travel, if any. 5. We are further informed that the settlement terms between the parties may be implemented / fulfilled by 12/8/2011 and if that be so, list the Criminal Writ Petition No. 2878 of 2009 on 18/8/2011 for further appropriate orders or for final disposal. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)