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Bombay High CourtIA/2857/2023allowed

Neelu Singh v. State Of Maharashtra And ANR

2023-08-10Hon'Ble Justice Revati Mohite Dere,Hon'Ble Ms. Justice Gauri Godse5 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2023.08.11 14:42:42 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.2857 OF 2023 IN CRIMINAL WRIT PETITION NO.1287 OF 2022 Neelu Singh ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Rishab Khot, for the Applicant.

Ms. P. P. Shinde, A.P.P for the Respondent - State. Mr. D. P. Singh, for the Union of India.

Police Inspector - Mr. Suresh Padvi from Economic Offences Wing, is present.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 10th AUGUST 2023 P.C. :

1.

Heard learned counsel for the parties.

2.

By this interim application, the applicant seeks permission to travel abroad to Shanghai and Tokyo from 20th August 2023 to 27th August 2023 and to Germany from 5th November 2023 to 11th 1/5

November 2023, for business purpose. Accordingly, the applicant seeks stay to the Look Out Circular ('LOC') from 20th August 2023 to 11th November 2023, so as to facilitate her departure from India and back.

3.

Perused the application. It appears that the applicant has been arraigned as an accused in FIR bearing C.R. No. 36 of 2020 registered by the Economic Offence Wing, Mumbai ('EOW'), for the alleged offences punishable under Sections 406, 409, 420, 465, 467, 468, 471, 477A and 120B of the Indian Penal Code. The said C.R. was registered in the year 2020. It appears that charge-sheet has been filed in the said case and that further investigation is still on-going. 4.

The applicant is the Managing Director of Asia Pacific (APAC) of the HRS GmbH having their Corporate Office at Germany. It appears that the applicant in connection with her business, is required to frequently travel abroad, to different countries including Germany in discharge of her duties as Managing Director. It is not in 2/5

dispute that on three earlier occasions, the applicant had travelled abroad, pursuant to the orders passed by this Court and that she had complied with the terms and conditions stipulated therein. The said orders have been annexed to the aforesaid interim application. 5.

Considering that the applicant has travelled abroad earlier pursuant to the orders passed by this Court and has complied with the terms and conditions stipulated therein, we allow the application on the following terms and conditions;

ORDER

(i) The applicant - Neelu Singh is permitted to travel abroad to Shanghai and Tokyo from 20th August 2023 to 27th August 2023 and to Germany from 5th November 2023 to 11th November 2023, for business purpose;

(ii) The applicant, before her departure, to furnish the full itinerary of her overseas travel with all details, including the addresses where she would stay, telephone/mobile/contact numbers, on which she can 3/5

be contacted during the said period to the EOW, Unit - X, Mumbai; (iii) To enable the applicant to travel, the operation of the LOC issued against the applicant, at the behest of EOW, Mumbai, is stayed during the period between 20th August 2023 to 12th November 2023; (iv) The applicant on her return to India, shall intimate her return in writing to the EOW, Mumbai, within one week of her arrival; (v) The Immigration Authorities on all points of departure, will permit the applicant to pass through immigration and to board his flight or flights, irrespective of whether the immigration system has been updated and whether the respondent - EOW, Mumbai, has informed the Immigration Authorities or not;

(vi) The respondent - EOW, Mumbai, as well as the learned counsel appearing on behalf of the EOW, Mumbai, to communicate this order to the immigration authorities at the earliest and in any event within 24 hours of this order being uploaded, so as to enable the applicant to 4/5

travel abroad.

6.

Interim Application is disposed of in the aforesaid terms. 7.

All concerned to act on the authenticated copy of this order.

GAURI GODSE, J.

REVATI MOHITE DERE , J.

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