Sunil Khairatilal Chopra v. The Central Bureau Of Investigaiton And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.557 OF 2015 Sunil Khairatilal Chopra.

.. Applicant v/s.

The Central Bureau of Investigation and Anr.

.. Respondents Mr. Vikram Sataria i/b Niranjan Mundargi for the Applicant. Mr. D.A. Nalavade for CBI - Respondent No.1.

Mrs. R.V.Newton APP for State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 23rd SEPTEMBER, 2015.

P.C.

1.

Heard learned counsel for the applicant and for the respondent No.1.

2.

The applicant is an accused No.4 in CBI Special Case No.22/2008 for offences punishable under Sections 109 r/w Section 193 of the I.P.C. along with Section 13 (2) r/w 11, 12 and 13 (1) (e) of the Prevention of Corruption Act, 1988. The applicant was released on bail and one of the conditions imposed

on the applicant was not to leave India without the permission of the Court. The applicant had sought permission of the Special Court to travel abroad. However, the same was rejected mainly on the ground that the Special Case No.22 of 2008 has been stayed by this Court. Hence, the applicant-accused no.4 has sought leave of this Court to travel to Mauritius between 29/09/2015 to 08/10/2015.

3.

The applicant is a citizen of India and has his roots in the country. The applicant has earlier travelled abroad with leave of the Court and has not violated any bail conditions during such travel period. The trial has not commenced and the travel of the applicant cannot be withheld indefinitely. Depriving the applicant to travel abroad without there being any embargo, would be prejudicial to the rights and interest of the applicant. 4.

In the facts and circumstances of the case, the applicant is permitted to travel to Mauritius between 29/09/2015 to 08/10/2015.

5.

The applicant is directed to give details of travel itinerary before the Investigating Officer as well as before this Court. The applicant shall give his address, Telephone No., Fax No., etc. to the Investigating Officer. The applicant shall deposit amount of Rs.2 lakhs before the Registry of this Court. The applicant shall report to the Investigating Officer on 09.10.2015.

(ANUJA PRABHUDESSAI, J.)

Certificate Certified to be true and correct copy of the original signed judgment / order.