Abhijit Avarrsekar v. The Union Of India And ORS.

by PALLAVI MAHENDRA WARGAONKAR Date:

2026.05.12 18:52:45 +0530 PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 1443 OF 2026 IN CR. WRIT PETITION (ST) NO. 23311 OF 2024 Abhijit Avarrsekar ...Applicant

Versus

The Union of India And Ors.

...Respondents

WITH CRI-INTERIM APPLICATION NO. 1448 OF 2026 IN CR. WRIT PETITION NO. 2322 OF 2026 Abhijit Kishore Avarrsekar ...Applicant

Versus

The Union of India And Ors.

...Respondents

__________ S. Nagamuthu, Senior Advocate (Thr. VC) a/w Mihir Nerurkar i/b. Omkar Mulekar, for the Applicant/Petitioner in both matters. Mr. D.P. Singh, for the Respondent No.1 - UOI in both matters. Ms. Kranti T. Hiwrale, APP for Respondent - State in both matters. Mr. Kuldeep Patil, Advocate for Resondent No.2 - CBI in IA/1443/2026. __________ CORAM :

ADVAIT M. SETHNA & SANDESH D. PATIL, JJ.

DATE :

12 MAY 2026 (VACATION COURT) P.C.:

1.

These Interim Applications in the above Writ Petitions are moved on the ground of urgency being that the Applicants seek permission to travel to the United States of America (New York) for medical treatment in respect of Avascular Osteonecrosis affecting both hip joints and to

attend the graduation ceremony of the son of the Applicant from May 17, 2026 to June 12, 2026. The Applicants are also seeking temporary suspension of the Look-Out Circular (LOC) issued against the Applicants for the said period.

2.

It is in this backdrop that we have heared the learned counsel for the parties.

3.

The learned Senior Counsel for the Petitioner has drawn our attention to the order dated 27 June 2023 passed by this Court where the Petitioner was granted permission to travel abroad subject to the terms and conditions imposed in the said order. The learned Senior Counsel also would draw the Courts attention to certain medical documents which are exhibited at Exh.B to the Petition.

4.

The learned counsel appearing for the Respondent - CBI has placed on record an affidavit-in-reply filed on behalf of the said Respondent. The Respondent - CBI has vehemently opposed the said application for the reasons set out in paragraphs 21, 22 and 23 of the said affidavit-in-reply. It is stated therein that the LOC has not been issued merely on account of registration of the FIR but upon due consideration of the nature and gravity of allegations, the magnitude of the fraud, the role attributed to the accused/Applicants, the legitimate apprehension that the accused/Applicants may evade the process of law. More importantly, the learned counsel for the CBI would submit that the investigations in the

present proceedings are ongoing. He has also submitted that when the earlier order dated 27 June 2023 was passed the FIR was not registered at that point in time. The Applicants are the main accused involved and their presence would be extremely necessary and imperative for the purposes of an ongoing investigation.

5.

With the assistance of the learned counsel for the parties, we have perused the record. We have taken due note of the affidavit-in-reply filed by the Respondent - CBI and the reasons recorded therein. 6.

In light of the above, prima facie, we find substantce in the submission of the learned counsel for the CBI including that when the earlier order dated 27 June 2023 was passed there was no FIR registered and also that the investigations are ongoing. 7.

In view of the above, we consider it appropriate to direct the Respondents in the connected matters to also file their affidavit-in-reply to the Petition. This should be positively done on or before the next date of hearing with an advance copy served to the learned counsel for the Petitioner.

8.

Place these Writ Petitions/Interim Applications for further consideration on 9 June 2026, before the regular Court, in light of the urgency in these matters.

[SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.]