Nazir Mussa v. The State Of Maharashtra

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.303 OF 2018 IN CRIMINAL WRIT PETITION NO.2013 OF 2016 with CRIMINAL APPLICATION No.304 OF 2018 IN CRIMINAL WRIT PETITION NO.2014 OF 2016 Nazir Mussa ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Shoeb Memon with Sajid Mohamed, Ms.Dipika Bhateja , Ramsing Rajput i/b Agrud Partners for the Applicant Mr.V.B. Konde-Deshmukh, APP, for the Respondent/State Mr.Vibhav Krishna with B.R. Maury, Tahir Prande i/b Juris Consillis for Resp. No.2 Mr.Sairuchita Chowdhary h/f Manisha Jagtap for Resp .No.2 in WP CORAM: Mr.S.S. SHINDE & Mrs.MRIDULA BHATKAR, JJ..

DATED: SEPTEMBER 5, 2018 P.C.:

1.

These applications are moved by the applicant/accused to praying that he is to be allowed to travel abroad for 20 weeks.

2.

We have heard the learned Counsel for the Applicant, the learned APP appearing for the State and also the learned Counsel for the Intervener. The learned Prosecutor submits that the Economic Offences Wing is investigating the matter and by order of this Court, the investigating agency i.e., Economic Offences Wing is directed to complete the investigationn till February, 2019. The investigation is going on. The applicant/accused is not furnishing the original documents and, therefore, his presence is required time to time.

3.

The learned Counsel for the Intervener has opposed this application on the ground that the applicant is not cooperating with the investigation.

4.

We have gone through the earlier orders passed by this Court i.e., of 29.1.2018, 23.3.2018, 14.6.2018 and it appears that whenever this Court has granted permission to the applicant/accused to travel abroad, i.e., United Kingdom and other countries, he has come back within the stipulated period and reported accordingly to the Economic Offences Wing. In view of this, we allow this application on the following terms:

i) The applicant shall cooperate with the Economic Offences Wing and attend its office from tomorrow on alternate days between 3 pm to 6pm, till 17th September, 2018.

ii) The applicant is thereafter allowed to travel abroad i.e., United Kingdom and Africa till 30.11.2018.

iii) The applicant shall, before leaving the country, furnish his travel itinerary to United Kingdom and Africa and also the residential address and contact number(s) during his stay at the said places.

iv) The applicant shall, after his return to India, report at the office of the Economic Offences Wing on 3.12.2018. v) The applicant shall give a weekly intimation to the Indian Embassy at the United Kingdom and / or Africa. vi) The deposit of Rs.25 lakhs made with the Registry in pursuance to the earlier orders, shall be deemed to have been deposited in the present application.

vii) The Economic Offences Wing is directed to hand over the passport of the applicant on 7th September, 2018 and the applicant shall deposit the same with the Economic Offences Wing upon his return to India, on 3.12.2018.

5.

Both the Applications are disposed of accordingly. (MRIDULA BHATKAR, J.) (S.S. SHINDE, J.)