Neelu Singh v. State Of Maharashtra And ANR

2023:BHC-AS:27763-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3366 OF 2023 IN CRIMINAL WRIT PETITION NO.1287 OF 2022 Neelu Singh ... Applicant.

V/s.

State of Maharashtra and others ... Respondents.

Mr. Aditya Pratap i/by Aditya Pratap Law Offices for the Applicant. Mr. A.R. Patil, APP for the Respondent Nos.1 and 2-State. Mr. D.P. Singh for Respondent No.3.

CORAM : A.S. GADKARI & SHARMILA U. DESHMUKH, JJ.

DATE : 20th September, 2023.

P.C.

: (Per Sharmila U. Deshmukh, J.) :

1.

Heard learned counsel for the Applicant, learned APP for the Respondent Nos.1 and 2-State and learned counsel for Respondent No.3.

2.

By this Interim Application, the Applicant seeks suspension of the LOC issued against her at the instance of the Respondent No.2 and for permission to travel to China for the period from 23rd September, 2023 to 30th September, 2023.

3.

Learned counsel appearing for the Applicant submits that, on previous four occasions, the Applicant was permitted by this Court to 1/ 3

travel overseas on the terms and conditions stipulated therein. He would further submit that, there is no breach of the earlier Orders and the Applicant has returned to India within the stipulated time. 4.

There is no serious opposition to the Application on behalf of the Respondent-State. Learned APP does not dispute that, on earlier occasions pursuant to the Orders passed by this Court, the Applicant has travelled overseas and has complied with the terms and conditions of the permission granted.

5.

The details of itinerary alongwith the contact details of local contact in Shanghai are given in paragraph 3A to 3C of the Application. It is an admitted position that on several occasions, the Applicant was permitted to travel abroad by this Court and she has returned to India. 6.

In view of the above, we are inclined to permit the Applicant to travel to China for the period from 23rd September, 2023 to 30th September, 2023, on the following terms and conditions:

ORDER

(i) The Applicant - Neelu Singh is permitted to travel to Shanghai, China from 23rd September, 2023 to 30th September, 2023;

(ii) The Applicant to adhere to the schedule/itinerary enumerated in paragraphs 3A and 3B of the Application;

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(iii) 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 be contacted during the said period to the Economic Offences Wing, Mumbai;

(iv) The Applicant shall not apply for renewal or extension of this Order until she returns to this country; (v) 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 No.2 has informed the Immigration Authorities or not;

(vi) The Applicant shall inform the Economic Offences Wing of her arrival within 48 hours of her arrival in India. (vii) In the meantime, the operation of the LOC issued against the applicant, is temporarily suspended during the from 23rd September, 2023 to 1st October, 2023. (viii) The Respondent No.2 to communicate this Order to the Immigration Authorities forthwith.

7.

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

All concerned to act on the authenticated copy of this Order. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 3/ 3