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Bombay High CourtIA/316/2026disposed off

Jainarayan Omprakash Agarwal v. Union Of India And ORS

2026-02-26Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 316 OF 2026 IN CRIMINAL APPEAL NO. 537 OF 2014 Jainarayan Omprakash Agarwal ...Applicant V/s.

Union of India and Ors

...Respondents

Mr. Kripashankar Pandey a/w Mr. Jeetendra Mishra, Ms. Kiran Dubey and Mr. Ayush Jain i/b Unison Legal, Advocate for the Applicant.

Mr. S. R. Agarkar APP for the Respondent/State. Adv. Amit Munde a/w Adv. Jai Vohra, SPP, for Respondent No.1 (C.B.I).

Adv. Anant Shinde, Advocate for Respondent No.3.

CORAM

:

N.R. BORKAR, J.

DATE :

26.02.2026.

P.C. :

1.

The applicant, who is the appellant in Criminal Appeal No. 537 of 2014, which he has filed against his conviction for the offence punishable under Section 420 of the Indian Penal Code, by this application seeks permission to travel abroad. 2.

The learned counsel for the applicant submits that 1/3

during the pendency of the trial, the applicant was permitted to travel abroad. It is submitted that the applicant is the Managing Director of Jaypan Industries and thus he needs permission to travel abroad for business purposes. The learned counsel for the applicant has tendered the undertaking of the applicant that he will not transfer or sell the immovable properties owned by him in India till his return. The undertaking is taken on record and marked as "X" for the purpose of identification.

3.

On the other hand, the learned Special PP for CBI submits that the applicant is convicted for serious offence punishable under Section 420 of the Indian Penal Code. It is submitted that, if the permission is granted, the applicant may abscond. It is thus submitted that the application be rejected. 4.

The fact that the applicant was permitted to travel abroad during the trial is not disputed. The applicant thus does not appear to be a flight risk. In that view of the matter, the following order is passed :

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O R D E R

i) The applicant is permitted to travel abroad as sought from 10th March 2026 till the end of September 2026.

ii) For that purpose the passport of the present applicant shall be handed over to him.

iii) The applicant, after his return to India, shall deposit the passport with the concern office of the CBI.

iv) The applicant shall deposit the amount of Rs.5,00,000/- with the Registry of this Court before 10th March, 2026.

v) The applicant shall submit his travel itinerary to the concerned office of the C.B.I. 5.

The interim application is disposed of in the aforesaid terms.

[N.R.BORKAR, J.] 3/3