Neelu Singh v. State Of Maharashtra And ANR

2023:BHC-AS:31661-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3819 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. H. J. Dedhia, APP for the Respondent-State. CORAM :A.S. GADKARI & SHARMILA U. DESHMUKH, JJ.

DATE :20th October, 2023.

ORDER

(Per Sharmila U. Deshmukh, J.):

1.

Heard learned Counsel for the Applicant and learned APP for the Respondent-State.

2.

Learned Counsel for the Applicant has tendered an additional Affidavit of the Applicant dated 18th October 2023 setting out the revised itinerary of the Applicant. The same is taken on record. 3.

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 October, 2023 to 5th November, 2023.

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4.

Learned Counsel appearing for the Applicant submits that, on several occasions, the Applicant was permitted by this Court to travel overseas on the terms and conditions stipulated therein. He submits that, vide Order dated 20th September 2023, the Applicant was permitted by this Court to travel to China for the period from 23rd September 2023 to 30th September 2023. He submits that, however the travel could not be undertaken for lack of Visa. He submits that on same terms and conditions, the Applicant be permitted to travel as per the revised itinerary.

5.

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.

6.

The details of itinerary of Shanghai are given in Paragraph Nos. 3.1 to 3.5 of the Additional Affidavit. 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.

7.

In view of the above, we are inclined to permit the Applicant to travel to China for the period from 23rd October, 2023 to 5th November, 2023, on the following terms and conditions:

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ORDER

(i) Applicant - Neelu Singh is permitted to travel to Shanghai, China from 23rd October, 2023 to 5th November, 2023;

(ii) Applicant to adhere to the schedule/itinerary enumerated in Paragraph Nos.3.1 to 3.5 of the Additional Affidavit;

(iii) 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) 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 Respondent No.2 has informed the Immigration Authorities or not;

(vi) 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 LOC issued against the applicant, is temporarily suspended during the period 23rd October, 2023 to 6th November, 2023. (viii) Respondent No.2 to communicate this Order to the 3/ 4

Immigration Authorities forthwith.

8.

Interim Application is disposed off in the above terms. 9.

All concerned to act on the authenticated copy of this Order. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 4/ 4