1 515.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.515 OF 2011 IN CRIMINAL WRIT PETITION NO. 2878 OF 2009 Sanjay Dalmia ...Applicant Versus State of Maharashtra & Ors. ...Respondents ...... Mr.Mahesh Jethmalani, Senior Advocate with Mr. Pranav Badeka, Mr. Amit Jajoo, Mr. Anil Singh and Mr. Abhilee Chaturvedi i/by M/s. Paras Kuhad and Associates for applicant. Mr. P.A. Pol, Public Prosecutor for Respondents 1 & 2. Ms.Nayna Rane i/b Kartikeya and Associates for Respondent No.3. ...... CORAM:- A.M.KHANWILKAR AND R.G.KETKAR, JJ. DATED:- NOVEMBER 28, 2011. P.C. 1. Leave to amend. 2. The applicant, who is petitioner in Criminal Writ Petition No. 2878 of 2009, seeks permission to travel abroad from 29th November, 2011 till 15th December, 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.409 of 2011 which was allowed on 15th September, 2011 and the applicant was permitted to travel abroad 2 515.11 during the period from 19th September, 2011 till 19th October, 2011 upon submitting the itinerary to the Investigating Officer from Economic Offences Wing 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. 3. 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 this occasion, the Public Prosecutor has not raised any objection whatsoever. 4. Considering the past record and in particular, the conduct of the applicant, we do not have any hesitation in allowing this application and we hereby allow the same and grant permission to the applicant to travel abroad between 29th November, 2011 and 15th December, 2011 on the following terms and conditions:- (a) The applicant is allowed to travel abroad during the period commencing from 29th November, 2011 and must 3 515.11 return before 12.00 noon on 15th December, 2011 upon submitting itinerary to the Investigating Officer in advance. (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 before 5.00 p.m. on 15th December, 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 19th December, 2011. In case, the applicant fails to comply with the earlier direction before 15th December, 2011, the Registrar General shall invoke the said Bank Guarantee on 17th December, 2011 itself. (d) The applicant undertakes to attend any summons for investigation before and after his travel, if any. 4 515.11 5. We are further informed that the settlement terms between the parties may be implemented / fulfilled by 15th December, 2011 and if that be so, list the Criminal Writ Petition No.2878 of 2009 on 16th December, 2011 for further appropriate orders or for final disposal. 6. Application disposed of accordingly. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)