Central Bureau Of Investigation v. Indrani Mukerjea And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3133 OF 2024 Central Bureau of Investigation .....Petitioner

Versus

Indrani Mukerjea and another .... Respondents ----- Mr. Shreeram Shirsat, Special P.P. a/w. Tanvi Mate, Shekhar Mane, Karishma Rajesh for the Petitioner-CBI. Mr. Ranjeet V. Sangle, Advocate a/w. Nehal Dhruv for the Respondent No.1.

Mr. Prashant P. Jadhav, APP for the Respondent No.2-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 23rd JULY, 2024 P.C. :

1.

This matter was mentioned for urgent production before this Bench because the regular Bench (Coram: Shyam C. Chandak, J.) is not available today for judicial work. 2.

Learned counsel for the Petitioner-CBI has sought production of the matter for urgent relief because they are apprehending that if the impugned order is given effect to, then this Petition will become infructuous. Therefore, only for the limited purpose, to consider whether Deshmane(PS)

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the matter can be placed before the regular Bench and till then whether an ad-interim order can be passed, I have heard the parties.

3.

The Petitioner-CBI has challenged the order dated 19.7.2024 passed by the Special Judge (CBI), Greater Bombay below Exhibit-1103 in CBI Special Case No.117/2015. By the impugned order, the Respondent No.1 was permitted to travel to United Kingdom and Spain on certain conditions. At this stage, since the regular Bench is not available today, I am inclined to place this matter in the next week before the regular Bench.

4.

Learned counsel for the Petitioner made certain submissions on merits. However, learned counsel for the Respondent No.1 submitted that he has no objection if the matter is placed before the regular Bench.

5.

Considering the stand taken by the learned counsel for the Respondent No.1 today, it is not necessary to go into merits and de-merits of the impugned order and the

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present matter. It would be sufficient if the matter is placed before the regular Bench in the next week with ad-interim relief only till the next date. It is made clear that all contentions raised by both the parties are specifically left open to be argued on the next occasion.

6.

Hence, the following order:

O R D E R

(i) Stand over to 29.7.2024. To be placed before the regular Bench taking up this assignment.

(ii) Till the next date only, there shall be ad-interim relief in terms of prayer clauses (b) & (c). It is made clear that all the contentions of both the parties are left open.

(iii) Learned counsel for the Respondent No.1 is at liberty to file affidavit-in-reply, with a copy to the other side. (SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.07.23 18:18:57 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE