Siddhartha Sudhir Moravekar v. Serious Fraud Investigation Office ( Seio) And ORS
Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:
2023.12.18 20:11:18 +0530 SHAGUFTA QUTBUDDIN PATHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 87 OF 2024 IN CRIMINAL WRIT PETITION NO. 523 OF 2023 Siddhartha Sudhir Moravekar ... Applicant
Versus
Serious Fraud Investigation Office (SFIO) & Ors.
... Respondents Mr. Sankalp Sharma a/w Ms. Shruti Kulkarni and Mr. Abhijeet Badar i/b Ms. Hetal Laghave for the Applicant Mr. Ashish Chavan a/w Mr. Zishan Quari for the Respondent Nos. 1 and 2 Ms. P. P. Shinde, A.P.P for the Respondent No.3-State CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
TUESDAY, 16 th JANUARY 2024 P.C :
At the outset, learned counsel for the applicant seeks leave to amend the prayer clauses. Leave granted. Amendment be carried out forthwith.
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Heard learned counsel for the parties.
By this application, the applicant seeks permission to travel to Thailand and Dubai, for the period from 17th January 2024 to 17th April 2024, for business purpose and suspension of his Look Out Circular (`LOC') issued at the behest of the respondent No.1, during the said period.
Learned counsel for the applicant submits that on two earlier occasions, the applicant was permitted to travel to the countries as stipulated in the earlier orders. He submits that the applicant has complied with the terms and conditions of the said orders, permitting the applicant to travel to countries, as stipulated therein.
Mr. Chavan, learned Spl. P.P appearing for the respondent Nos. 1 and 2, does not dispute the fact that on two 2/6
earlier occasions, the applicant was permitted to travel and that he has complied with the terms and conditions stipulated in the said order.
Perused the application. It appears that LOC has been issued as against the applicant, by which, he has been restrained from travelling out of India. It appears that the applicant intends to travel to Thailand and Dubai, for the period from 17th January 2024 to 17th April 2024, for business purpose. Learned counsel for the applicant has tendered the details of the travel itinerary of the applicant. The same is taken on record. It appears from the said travel itinerary that the applicant has to depart tomorrow i.e. 17th January 2024 for Phuket and thereafter, on 29th February 2024, has to travel to Dubai and on 17th April 2024, from Dubai to Mumbai. The applicant has furnished the details of the places where he would be residing and the contact number on which he will be available, during his stay at Thailand and Dubai. It is not in dispute that the applicant had travelled on 3/6
two earlier occasions, pursuant to the orders passed by this Court on 11th September 2023 and 9th June 2023. The said order are at pages 12 and 16 of the application. It is also not in dispute that the applicant has complied with the terms and conditions stipulated in the said orders.
Considering the aforesaid, the application is allowed on the following terms and conditions :
(i) The applicant-Siddhartha Sudhir Moravekar, is permitted to travel to Thailand and Dubai, for the period from 17th January 2024 to 17th April 2024. During the said period of travel, the LOC issued at the instance of the respondent No.1-SFIO shall stand suspended;
(ii) The applicant, before his departure, shall furnish the full itinerary of his overseas travel with all details, including the address where he would stay, telephone/mobile/contact 4/6
numbers, on which he can be contacted during the said period, to the SFIO;
(iii) The applicant shall, on his return to India, within 48 hours, shall inform the SFIO of his return;
(iv) The respondent No. 1 shall inform the Immigration Authorities of the order passed today, so as to enable the applicant to travel abroad, as permitted;
(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 SFIO has informed the Immigration Authorities or not;
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(vi) The applicant shall not apply for extension or renewal of this order, until he returns to India. Interim Application stands disposed of on the aforesaid terms.
Learned advocate for respondent No.2 to forthwith communicate this order to the Immigration Authorities, so as to enable the applicant to travel, as permitted aforesaid. All concerned to act on the authenticated copy of this order.
MANJUSHA DESHPANDE, J.
REVATI MOHITE DERE, J.
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