: 1 : APPW-409-11 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.409 OF 2011 IN CRIMINAL WRIT PETITION NO.2878 OF 2009 Sanjay Dalmia ... Applicant V/s. State of Maharashtra & Ors. ... Respondents Mr. Mahesh Jethmalani a/w. Mr. Pranav Badhekar, Mr. Amit Jajoo and Mr. A. Chaturvedi, i/b. Paras Kuhad & Associates, for the Applicant. Mr. K.V. Saste, APP, for Respondent Nos.1 and 2. CORAM:V.M. KANADE & A.M. THIPSAY, JJ. DATED :15 TH SEPTEMBER, 2011. P.C. : 1. Heard. 2. The Applicant is seeking permission to travel abroad from 19th September, 2011 to 19th October, 2011. It is submitted that in the past on more than one occasion the Applicant has gone abroad and permission has been granted by this Court. Our attention is invited to the order passed by the Division Bench of this Court dated 21st July, 2011. It is submitted that, after the Applicant came back to India, he has deposited a Passport with the Registrar General. It is submitted that so far as the complaint which is filed by Respondent No.3 is concerned, the parties have amicably settled the : 2 : APPW-409-11 matter and more than 50% of the amount, which is payable to Respondent No.3, has already been paid and so far as the balance amount is concerned, there was some delay in making payment. However, the Applicant has agreed to pay interest for the said delayed payment. The learned Counsel for the Respondent No.3 submits the order passed by this Court. 3. Mr. Saste, the learned APP for the Respondent-State, has opposed this application and has submitted that the Applicant is not co-operating with the Investigating Officer and, though he was asked to produce the concerned documents, he has not produced them and, as a result, the investigation is not yet over. It is submitted that the Investigating Officer has an apprehension that the Applicant will not make himself available before the investigating machinery. 4. After having heard the learned Counsel for the Applicant and the learned APP for the Respondent-State, in our view, the Applicant is entitled to travel abroad. Permission was granted to the Applicant to travel abroad on earlier occasions also. In the last order was passed by the Division Bench of this Court on 21st July, 2011, it does appear that, even on the last occasion, similar objection was raised by the learned APP appearing on behalf of the State and the Division Bench of this Court did not accept the said contention. 5. The Criminal Application, therefore, is allowed in terms of prayer clause (b). 6. The Applicant is permitted to travel abroad between 19th September, 2011 to 19th October, 2011. All the conditions imposed by this Court in its order dated 21st July, 2011, passed in Criminal Application No.327 of 2011 in Criminal Writ Petition No.2878 of 2009 shall stand incorporated in this : 3 : APPW-409-11 order and shall be treated as a part of this order. However, the dates mentioned in the said conditions shall stand modified. 7. After returning to India, the Applicant shall return the passport to the Registrar General of this Court. 8. The Criminal Application is disposed of. (A.M. THIPSAY, J.) (V.M. KANADE, J.)