Rohit Premchand Shah v. The State Of Maharashtra

903-wp-1862-16 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1862 OF 2016 Rohit Premchand Shah .. Petitioner Vs.

The State of Maharashtra .. Respondent Mr. Neville D. Deboo i/by Mr. Rajesh Kothari and Co. for petitioner. Mrs. Sangeeta D. Shinde, APP for State.

CORAM: NARESH H. PATIL & P. D. NAIK, JJ.

JUNE 17, 2016.

P.C.

1.

The petitioner is an accused along with others in MECR No. 2 of 2005 for an offence punishable under Sections 406, 420, 465, 467, 468, 471 read with Section 34 of the IPC.

2.

It is submitted by the learned counsel that the petitioner is citizen of United Kingdom (U.K.). He has been residing there since his birth. The petitioner arrived in India on 22/4/2016. For going back to U.K., petitioner requires clearance letter from the State CID as a criminal case is registered against him. As the petitioner was not getting clearance, he approached this court.

903-wp-1862-16 3.

Learned APP, on instructions of the Investigating Officer submits that in view of the criminal case being investigated, the petitioner will have to submit the undertaking to the agency stating therein that, (a) he shall provide his detail residential address, cell/land-line telephone number etc. and (b) the petitioner shall be present as and when required under the orders passed by a competent forum/court.

4.

Learned counsel for the petitioner submits that appropriate undertaking would be submitted to the Investigating Agency. 5.

We direct that in case the petitioner submits an undertaking, Investigating Agency should issue clearance letter to the petitioner for returning back to U.K. at the earliest.

6.

Petition is disposed of accordingly.

(P. D. NAIK, J.) (NARESH H. PATIL,J.)