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Bombay High CourtAPPW/134/2018

Nazir Mussa v. The State Of Maharashtra And ANR

2018-03-23Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice Ranjit More.4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 134 OF 2018 IN WRIT PETITION NO. 2014 OF 2016 Mr. Nazir Mussa Applicant

Versus

The State of Maharashtra & Anr.

Respondents WITH CRIMINAL APPLICATION NO. 135 F 2018 IN WRIT PETITION NO. 2013 OF 2016 Mr. Nazir Mussa Applicant

Versus

The State of Maharashtra & Anr.

Respondents Mr.Shoaib Memon a/w Mr. Sajid Mohd. & Ms. Dipika Batheja, Mr. Ramsing Rajput i/b. Agrud Partners, for the applicant (in both matters).

Ms. P.P.Shinde, APP, for the State.

Mr. Vaibhav Krishna a/w Mr. B.R.Maurya, Mr. Tahir Prande, & Mr. Devang Lakhotia i/b. Juris Consillis, for Respondent No.2. CORAM : RANJIT MORE & SMT. SADHANA S.JADHAV,JJ.

DATE :23rd March, 2018.

P.C. :

Heard. The Division Bench of this Court by an order dated 29.1.2018 passed in Criminal Application Nos. 530 and 531 of 2017 permitted the applicant to travel to the United Kingdom for a period of eight weeks on the terms and conditions mentioned in the said order. The said period of eight weeks is due to expire on 26.3.2018. By the present applications, the applicant is seeking extension of time on the ground that the applicant's presence is required at Zambia and Tanzania for business operations. The applicant in support of his contention has annexed an E-mail dated 2.3.2018 from Krishnan Jagadheeswaran to him. 3.

The said E-mail is in support of the case of the applicant that he is required to go to Zambia and Tanzania for business operations.

4.

We thereafter made a query to the learned APP Mrs. Shinde as to whether the Investigation Officer has any objection.

She has taken instructions and submitted that the period granted under the order dated 29.1.2018, referred above, can be extended by a period of four weeks from today. Mr. Krishnan, learned counsel for respondent No.2 however, opposed the application. 5.

In the interest of justice, coupled with the fact that the applicant's presence is required in Zambia and Tanzania, we pass the following order :- (a) The period granted under the 0rder dated 29.1.2018 is extended till 3.5.2018.

(b) The applicant is permitted to go to Zambia and Tanzania from the United Kingdom.

© The applicant shall return back to India on or before 3.5.2018. On return back to India, within a period of two days, he shall report to the Investigating Officer at EOW. (d) The applicant before leaving the United Kingdom, shall

furnish to the Investigating Officer the address where he will reside while in Zambia and Tanzania and the contact numbers on which he can be contacted in those countries.

5.

Both the applications stand disposed of.

[SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J.]