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Bombay High CourtIA/4440/2025allowed

Mahendra Jagdish Agarwal v. The State Of Maharashtra

2025-12-15Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak2 pages

H. C. SHIV 13.ia4440.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4440 OF 2025 IN CRIMINAL APPEAL NO.210 OF 2010 Mahendra Jagdish Agarwal ... Applicant V/s.

The State of Maharashtra ... Respondent Ms. Sangita Musle for the Applicant in IA No.4440/2025. Mr. S. R. Agarkar APP for the Respondent-State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE : 15th DECEMBER, 2025 P.C:- 1) Present Appeal is filed by the State of Maharashtra challenging the order of acquittal and the Appeal came to be admitted. 2) During the pendency of Appeal, the Application is taken out by Mahendra Jagdish Agarwal - Accused No.1 seeking permission to travel abroad from 10/01/2026 till 26/01/2026 and this request is made in the wake of the order passed by this Court on 22nd June, 2022 on Interim Application No.844 of 2022 directing that the Applicant shall not leave India without prior permission of the Court.

3) Heard the learned Counsel for the Applicant and perused the Application.

It is to be noted that the Appeal filed by the State is pending 1/2

H. C. SHIV 13.ia4440.25.doc for adjudication since 2010 and the same stand alongwith Criminal Writ Petition No.2187 of 2009 filed by the present Appellant. Pursuant to the order of the Court, his passport was also permitted to be renewed. Permission is sought to travel abroad from 10/01/2026 to 26/01/2026. The Application do not provide the detail of the travel except the program details furnished by the travel agent, are annexed. We have no difficulty in permitting the Applicant to travel abroad but this shall be subject to following conditions. Hence, the order :-

ORDER

(i) The Applicant shall furnish a detail itinerary of his travel giving details of the places which is he is likely to visit and his tour plan and the same shall be filed in this Court within a period of one week.

(ii) The Applicant shall also furnish the places where he is to visit alongwith the address where he is likely to reside and the details of flight ticket.

(iii) The Applicant shall furnish an affidavit undertaking that he shall strictly follow the travel plan/itinerary and shall return on the due date when his tour come to an end and he shall not overstay.

(iv) Subject to aforesaid compliance being ensured, Interim Application is allowed.

(SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) 2/2