Gaurav Ramshiromani Mishra v. State Of Maharashtra

2026:BHC-AS:7689 31 apl 1584 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1584 OF 2025 Gaurav Ramshiromani Mishra ...

Applicant versus The State of Maharashtra ...

Respondent Mr. Kuldeep Patil with Ms. Saili Dhruv, Mr. Digvijay Kachare, Mr. Sahil Jodhwani, Mr. Sumitkumar Nimbalkar, for Applicant. Mrs. R.S.Tendulkar, APP for State.

CORAM: N.J.JAMADAR, J.

DATE :

12 FEBRUARY 2026 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 10 November 2025 whereby an application preferred by the Applicant to modify the condition not to leave jurisdiction of the Sessions Court, Greater Mumbai, without prior permission of the IO, came to be rejected.

3.

The Applicant is arraigned in C.R.No.13 of 2024 for the offences punishable under Sections 7 and 12 of the Prevention of Corruption Act, 1988. By an order dated 22 April 2024, the applicant was enlarged on bail, subject to conditions, including not to leave the jurisdiction of the Court of Session, Greater Mumbai, without the prior permission of the IO. 4.

Though a period of more than 22 months has been elapsed, investigation is yet not complete. The learned Sessions Judge was informed SSP 1/2

31 apl 1584 of 2025.doc that the sanction for prosecution of the public servant was awaited. 5.

This Court finds that, the learned Sessions Judge has also imposed condition of marking presence at the ACB Office, Worli every fortnight. Such a condition does serve the purpose of securing the presence of the applicant. 6.

Having regard to the facts of the case and the time that has elapsed, the condition not to leave the jurisdiction of the Sessions Court without prior permission of the IO, appears to be an unreasonable restriction on the fundamental freedom of the Petitioner. Hence, the application deserves to be allowed.

7.

The Application stands allowed.

8.

The condition (iii) in the order dated 22 April 2024 stands relaxed. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 13/02/2026 20:16:06