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Bombay High CourtAPPP/1201/2025allowed

Dharmesh S/O Jayantibhai Patel v. State Of Mha. Thr. Pso Ps Pachpaoli Nagpur

2025-07-07Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:6302 1 19.APPP.1201-25 IN BA.1152-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO. 1201 OF 2025 IN CRIMINAL APPLICATION (BA) NO. 1152 OF 2022(D) ( Dharmesh S/o Jayantibhai Patel Vs.

State of Maharashtra, Thr. PSO, Police Station, Pachpaoli, Dist. Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.M. Ghogare, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 7th JULY, 2025 1.

By this Application, the Applicant is seeking permission to travel abroad i.e. Thailand for business purpose and release the Passport to enable him to attend the business Summit. Initially by orders dated 07.10.2022 and 24.08.2023 while releasing the Applicant on bail, specific condition imposed by this Court, which reproduced as under:- (iii) The applicant shall surrender his Passport with the concerned Police Station, till culmination of the trial"

2.

The learned Counsel for the Applicant is absent. 3.

The previous orders are seen, that since the Passport of the Applicant has been surrendered with the

2 19.APPP.1201-25 IN BA.1152-22.odt concerned Police Station, he is unable to travel to Thailand for business Summit. Therefore, he has requested for permission to travel to Thailand with the directions to the concerned Police Station releasing the Passport. 4.

Learned APP, strongly object for the same on the ground that the Applicant is prosecuted under various Sections of the Indian Penal Code as well as Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors in Financial Establishments Act, 1999. Apart from it, Section 66(d) of the Information of Technology Act, 2008 and Sections 3 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 have also been registered. Therefore, there are chances that the Applicant may flee away and may not return back.

5.

On hearing the learned APP and after going through the material available on record, particularly, the applicant to travel abroad (Thailand) for business purpose between 16.07.2025 to 21.07.2025, the application deserves to be allowed.

6.

The Application is allowed.

7.

The Applicant is permitted to travel to Thailand between 16.07.2025 to 21.07.2025.

8.

The Applicant shall report to the Indian Embassy at Thailand and shall submit details of stay during the aforesaid period at Thailand.

3 19.APPP.1201-25 IN BA.1152-22.odt 9.

The Applicant shall also furnish his detail address where he is intending to reside at Thailand alongwith his cell phone number which he intends to use in Thailand. 10.

The Economic Offences Wing, Nagpur is directed to hand over the Passport of the Applicant for temporary period.

11.

After returning from Thailand, the Applicant shall surrender his Passport to Economic Offences Wing, Nagpur. (URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 07/07/2025 14:49:23