Anand Muddu Shetty v. State Of Maharashtra And ORS

2025:BHC-AS:18863-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1988 OF 2025 Anand Muddu Shetty .....Petitioner Vs.

The State of Maharashtra & Ors.

.....Respondents Mr. Kedar J. Patil with Mr. Pratik G. Tare & Ms. Sakshi Kadam, i/b. Mr. Chetan Damre, for the Petitioner.

Mr. K. V. Saste, Addl. P.P., for the Respondent No.1-State. Mr. D. P. Singh with Ms. Divya Gontia, i/b. Mr. Pradeep Yadav, for the Respondent No.4-SFIO.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 25th APRIL 2025.

P.C.:- 1.

At the outset, learned counsel for the Petitioner seeks leave to amend. Leave granted. Amendment to be carried out forthwith, during the course of the day.

2.

Learned counsel for the Petitioner does not press prayer clause (a). He further seeks liberty to file a fresh Petition seeking quashing of the Look Out Circular ('LOC') issued at the behest of Respondent No.4-Serious Fraud Investigation Office ('SFIO'). Liberty granted.

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3.

Learned counsel for the Petitioner further prays for an alternate direction which is prayer clauses (b) and (c) by which the Petitioner seeks permission to travel to United States of America from 5th May 2025 till 30th May 2025 to attend the graduation ceremony of his daughter and son. During the said period, the Petitioner seeks suspension of LOC issued against the Petitioner at the behest of the Respondent No.4-SFIO.

4.

Learned counsel for the Petitioner states that the Petitioner has co-operated with the investigation carried out by the Respondent No.4-SFIO and has attended the SFIO on 12 occasions. The said fact is not disputed by Mr. Singh, learned counsel appearing for the Respondent No.4-SFIO. It appears from the record that there is a MPID case pending against the Petitioner. In the said MPID case, the Petitioner has been enlarged on bail. In the said case i.e. MPID case, the Petitioner has been permitted to travel overseas to attend the graduation ceremony of his son and daughter during the period, 5th May 2025 to 30th May 2025. The said order is at Exhibit 'C' at page 55 of the Petition.

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5.

The Petitioner has annexed the dates of the graduation ceremony of his son and daughter, at pages 57 and 58 of the Petition. It appears that the Petitioner's liability is quantified by the SFIO at Rs.Seven Crore qua the Petitioner. As far as the Petitioner is concerned, his flats, one in Mumbai and one in Pune valued at Rs.Six Crore have been attached. The Petitioner has undertaken to abide by the terms and conditions, as may be set out by this Court. 6.

Considering the aforesaid, we are inclined to permit the Petitioner to travel overseas on the following terms and conditions:

ORDER

(i) The Petitioner - Anand Muddu Shetty, is permitted to travel overseas during the period from 5th May 2025 to 30th May 2025 as stated aforesaid. During the said period of travel, the LOC issued at the instance of the respondent No.4-SFIO shall stand suspended;

(ii) The Petitioner, 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 3/5

numbers, on which he can be contacted during the said period, to the SFIO, via e-mail/fax or any other electronic mode;

(iii) The Petitioner shall, on his return to India, within 48 hours, shall inform the SFIO of his return;

(iv) The Respondent No.4-SFIO shall inform the Immigration Authorities of the order passed today, at the earliest and in any event within 48 hours of this order being uploaded; (v) The Immigration Authorities, on all points of departure, will permit the Petitioner 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; (vi) The Petitioner shall not apply for extension or renewal of this order, until he returns to India.

7.

The Petition is disposed off accordingly with liberty as prayed for.

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8.

List the matter for 'Recording Compliance' of the Petitioner's return on 10th June 2025.

9.

All concerned to act on the authenticated copy of this order.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) 5/5 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 25/04/2025 21:36:46