Jitendra Manohardas Thakker v. State Of Maharashtra And ANR
Digitally signed by LAXMIKANT GOPAL CHANDAN Date:
2026.04.21 11:15:06 +0530 LAXMIKANT GOPAL CHANDAN lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.940 OF 2026 IN CRIMINAL WRIT PETITION NO.6601 OF 2025 Jitendra Manohardas Thakker : Applicant
Versus
The State of Maharashtra and anr.
: Respondents.
______________________________________________________ Mr. Pradeep J Thorat i/by Advocate Aditi Naikare for the Applicant.
Mr. Sukanta Karmakar, APP for the Respondent/State. PI Samadhan Chavan of EOW Nashik City present. ______________________________________________________ CORAM : ASHWIN D. BHOBE, J.
DATED : 27 March 2026 PC:- 1.
This matter is at Sr. No.920 on today's Supplementary Board. Mr Pradeep Thorat, learned Advocate for the Applicant, mentions this matter at 6.20 pm and requests that it be taken up out of turn on the grounds of urgency. Upon mentioning, the same is taken up out of turn. 2.
Heard Mr. Pradeep Thorat, learned Advocate for the Applicant, and Mr.. Sukanta Karmakar, learned Additional Public Prosecutor for the Respondent/State.
3.
By this Interim Application, the Applicant has sought the following substantive relief:
(a) This Hon'ble Court be pleased to permit the Applicant to travel to Boston, United States of America for the period from 25th April 2026 till 10th May 2026 by relaxing the condition imposed for grant of anticipatory bail."
4.
The relevant facts of the case are that the Applicant, who is Accused No.17 in FIR No.166 of 2025 registered with Sarkarwada Police Station, Nashik, was granted anticipatory bail by the Court of Additional Sessions Judge-4, Nashik (hereafter "Sessions Court"), by order dated 12 August 2025 passed in Criminal Bail Application No.1138 of 2025, subject to the bail conditions mentioned in paragraph No.16 of the order.
5.
Condition No.7 of the order dated 12 August 2025 states as follows:
"07] The applicant / accused shall not leave jurisdiction of this court without obtaining prior permission of the concerned court."
6.
Condition No.7, as modified by the order dated 15 November 2025, reads as follows:
"The Applicant/Accused shall not leave the State of Maharashtra without obtaining prior permission of the concerned Court."
7.
The Applicant and the other Accused have filed separate petitions before this Court challenging FIR No. 166 of 2025 registered at Sarkarwada Police Station, Nashik. Petition filed
by the Applicant is registered as Criminal Writ Petition No. 6601/2025, in which this Court has passed the following order on 12 December 2025 :- "Our attention has been drawn to the orders passed in Criminal Writ Petition No.5244 of 2025 and Criminal Writ Petition (Stamp) No.20655 of 2025.
2.
Issue notice to the respondent no.2, returnable within four weeks.
3.
Post both these matters on 8th January 2026.
4.
In the meantime, further proceedings arising out of First Information Report No.166 of 2025 registered with Sarkar Wada Police Station, Nashik City shall remain stayed."
8.
Mr. Pradeep Thorat, learned Advocate for the Applicant, submits that the Criminal Writ Petition No. 6601/2025 is pending and the interim order dated 12th December 2025 continues as on date.
9.
Mr. Pradeep Thorat, learned Advocate for the Applicant, submits that the Applicant intends to travel abroad and has therefore applied to the CJM, Nashik for permission under condition No.7 of the bail order dated 15 November 2025. He states that the CJM, Nashik declined to entertain the application in view of the order dated 12 December 2025 passed in Criminal Writ Petition No.6601 of 2025. Consequently, he submits that the Applicant is now before this Court seeking permission to travel abroad.
10.
Mr. Sukanta Karmakar, learned APP for the Respondent/State, submits that if the Applicant intends to travel abroad, he must obtain prior permission from the Sessions Court as per the order dated 12 August 2025 passed in Criminal Bail Application No. 1138 of 2025, as amended by the order dated 15 November 2025. He submits that nothing prevents the Applicant from approaching the Sessions Court to apply for this permission. He submits that the order dated 12 December 2025 passed by this Court in Criminal Writ Petition No. 6600 of 2025, along with Criminal Writ Petition No. 6601 of 2025, does not prevent the Sessions Court from considering the application for permission to travel abroad. 11.
The Applicant is enlarged on bail under the conditions mentioned in the order dated 12 August 2025, read together with the order dated 15 November 2025. This Court has stayed further proceedings arising from FIR No. 166 of 2025, and the stay remains in effect to date. However, since the Applicant's liberty is secured by the order dated 12 August 2025, read together with the order dated 15 November 2025 and the conditions therein, it would be appropriate and proper for the Sessions Court to consider the request for travel made by the Applicant.
12.
In view of the above, without disturbing the order dated 12 December 2025 passed by this Court in Criminal Writ Petition No.6600 of 2025 along with Criminal Writ Petition No.6601 of 2025, the Applicant is permitted to apply to the
Additional Sessions Judge-4, Nashik with an appropriate application to seek permission to travel abroad, in accordance with the bail condition dated 12 August 2025 passed in Criminal Bail Application No. 1138 of 2025, as amended by the order dated 15 November 2025. If such an application is filed, the Additional Sessions Judge-4, Nashik, shall consider it on its own merits, strictly in accordance with law, and after hearing the prosecution.
13.
Interim Application No.940 of 2026 is disposed of. (ASHWIN D. BHOBE, J.)