..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2480 OF 2008 Mr.Mahipatrai Shah and others. ..Petitioners. Versus The State of Maharashtra. ..Respondent. .... Mr.S.V.Marwadi, Adv. a/w. R.H.Joshi, Adv. for the petitioners. Mrs.A.A.Mane, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 3rd December, 2008. DATED : 3rd December, 2008. DATED : 3rd December, 2008. P.C.: 1. Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners have been arraigned as accused in MECR No.5 of 2007 registered by Byculla police station. The said case is mainly under Section 420, 467 of Indian Penal Code. 3. The learned Advocate for the petitioners states that he is pressing this petition, only in respect of petitioner No.3 Mr.Mehul M. Shah and ..(2).. petitioner No.6 Mrs.Hemal Mehul Shah and as far as the other petitioners are concerned, he seeks liberty to file appropriate proceedings before the appropriate forum. Liberty as prayed for is granted. Thus, this application is being considered only in respect of petitioner Nos.3 & 6 only. 4. Petitioner Nos.3 & 6 had been granted anticipatory bail. While granting anticipatory bail, condition was imposed on the petitioners that they shall deposit their passports before the Court and they shall not leave India without prior permission of the Court. Both the petitioner Nos.3 & 6 preferred an application before the Sessions Court for permission to go abroad to meet their son who is studying in USA. The learned Sessions Judge by order dated 20.6.2008 allowed the said application and permitted the petitioners to go abroad on furnishing bank guarantee of Rs.1 crore. The petitioners are seeking modification of the condition of furnishing bank guarantee of Rs.1 crore. 5. It is seen that in the present case the ..(3).. investigation is over and the police have filed C-summary. The said application is still pending for consideration before the learned Magistrate. In view of the fact that the C-summary has been filed by the investigating agency and looking to the other facts in this case, I am inclined to modify the condition of furnishing bank guarantee of Rs.1 crore. Hence,the following order : [i] The petitioner No.3 Mr.Mehul M. Shah and petitioner No.6 Mrs.Hemal Mehul Shah are granted permission to go to USA from 20.12.2008 to 10.1.2009, subject to compliance with following conditions :- [a] Each of the petitioner Nos.3 & 6 shall deposit a sum of Rs.3 lakh before the Sessions Court, Sewree. On deposit of the sum of Rs. 3 lakh each by petitioner Nos.3 & 6, the passports of petitioner Nos.3 & 6 shall be handed over to them; [b] It is made clear that before 48 hours of leaving the country or at the time of receiving the passport the petitioner Nos.3 ..(4).. & 6 shall give to the Investigating Officer or officer in charge of concerned police station, the details of their flights to USA and back, the address at which they will reside when in USA, and the contact numbers on which they can be contacted while they are in USA. [c] On their return to India within a period of one week the petitioner Nos.3 & 6, shall deposit their passports before the Sessions Court,Sewree. After the petitioner Nos.3 & 6 surrender their passports, the cash deposit of Rs.3 lakh each shall be returned to the petitioner Nos.3 & 6. [ii] Order dated 20.6.2008 passed by the learned Sessions Judge is modified accordingly. 6. Criminal Writ Petition is disposed of accordingly. ..(5).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)