Neelu Singh v. The State Of Maharashtra And ORS.

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2023.06.07 14:49:39 +0530 Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1965 OF 2023 IN CRIMINAL WRIT PETITION NO. 1287 OF 2022 Mrs. Neelu Singh ...Applicant

Versus

1. The State of Maharashtra

...Respondents

2. Sr. Inspector of Police Mr. Aditya Pratap a/w Mr. Rishabh Khot Advocate for the Applicant Mr. S. S. Pednekar APP for the State CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 6th JUNE 2023 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this Interim Application, the Applicant seeks permission to travel to Tokyo via Hong Kong and thereafter to Shanghai via Osaka for business purposes from 10th June 2023 to 23rd June 2023. 3.

Learned counsel for the Applicant submits that on two earlier 1/5

occasions the Applicant was permitted by this Court to travel abroad vide orders dated 27th April 2022 and 1st February 2023 passed in Writ Petition No. 1287 of 2022 and Interim Application No. 388 of 2023 respectively, on certain terms and conditions as stipulated therein. 4.

Learned APP does not dispute the fact that on two earlier occasions, the Applicant has travelled and has complied with the orders permitting the Applicant to travel abroad. Learned APP states that similar conditions be imposed on the Applicant, as done earlier. 5.

The Applicant is arraigned as an accused in F.I.R. registered by the Economic Offences Wing i.e. C.R. No. 36 of 2020 for the alleged offences punishable under sections 406, 409, 420, 465, 467, 468, 471, 477(a) and 120(b) of the Indian Penal Code. According to the learned Counsel for the Applicant although F.I.R. has been registered as against the Applicant, till date charge-sheet has not been filed against her. It appears that Applicant on two earlier occasions in her capacity as the Managing Director of Asia Pacific (APAC) for HRS GmbH has travelled for business purpose to Australia, Japan, Paris, 2/5

France and Cologne, Germany. This Court had permitted the Applicant to travel to the said countries on certain terms and conditions stipulated in the orders dated 27th April 2022 and 1st February 2023. The said orders are annexed at pages 20 and 23 of the Application. It is not in dispute that the Applicant has complied with the conditions stipulated therein.

6.

Considering that the applicant has travelled earlier pursuant to the orders passed by this Court and is ready to abide by the terms and conditions as may be imposed by this Court, the application is allowed on the following terms and conditions;

O R D E R

i.

The applicant - Neelu Singh is permitted to travel abroad during the period between 10th June 2023 to 23rd June 2023.

ii.

The applicant, before her departure, to furnish the full itinerary of her overseas travel with all details, including 3/5

the addresses where she would stay, telephone/mobile/contact numbers, on which she can be contacted during the said period to the Economic Offences Wing, Mumbai. The same to be furnished by the applicant before her departure;

iii.

The applicant shall not apply for renewal or extension of this order until she returns to this Country; iv.

The Immigration Authorities on all points of departure, will permit the applicant to pass through immigration and to board her flight or flights, irrespective of whether the immigration system has been updated and whether the respondent Nos. 1 and 2 has informed the Immigration Authorities or not;

v.

The applicant shall inform the Economic Offences Wing, Unit-X of her arrival within 48 hours of her arrival to India.

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vi.

In the meantime, the operation of the LOC issued against the applicant, is stayed during the said period i.e. between 10th June 2023 to 24th June 2023.

vii.

The respondent Nos. 1 and 2 to communicate this order to the Immigration Authorities forthwith or latest by 7th June 2023.

7.

Interim Application is disposed of in the above terms. 8.

All concerned to act on authenticated copy of this order. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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