Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
3RD COURT, ESPLANADE, MUMBAI.
Misc. Case No.3144/Misc./2023
(CNR NO.MHMM11-006280-2023)
IN
C.C. No. 448/PW/2023
Mr. Jayesh Harakchand Shah ... Applicant / Accused
V/s
CBI, Mumbai ... Respondent / Complainant
ORDER BELOW THE APPLICATION FOR MODIFICATION OF ORDER
DATED 13/06/2023 FOR PERMISSION TO TRAVEL ABROAD
1. Applicant / Accused Mr. Jayesh Harakchand Shah has granted
permission to travel abroad i.e. United Kingdom during the period
19/06/2023 to 18/07/2023 vide Order dated 13/06/2023 passed in Case
No.2116/Misc/2023. However, applicant/accused did not returned to India
during stipulated period and seek extension from abroad for the period of 12
days from 18/07/2023 to 30/07/2023.
2. Prosecution has filed its say on the application itself and prayed
to reject the application stating that as per Operative Order Sr. No.4 of Order
dated 13/06/2023, applicant/accused shall not seek any extension of time
from abroad on any count and thereby committed breach of the condition of
order of this Hon’ble Court.
3. Heard both sides. It appears from record that modification
sought for extension of period of travel abroad on medical ground. Already,
permission to travel abroad is granted to the applicant/accused till
18/07/2023. Further, applicant has breached the condition at Sr.No.4 of
Order dated 13/06/2023 passed by this court in Case No.2116/Misc/2023.
So, considering the breach of order, this application is liable to be rejected and
the security amount deposited is liable to be forfeited. In the result, I pass the
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following order;
ORDER
1) Application No.3144/Misc/2023 stands rejected.
2) The Cash Security amount of Rs.1,00,000/- (Rupees One Lakh
Only) deposited vide Order, dated 13/06/2023 be forfeited and credited to
State Government.
3) The copy of this order be kept in C.C. No.448/PW/2023.
Mumbai (Jaywant C. Yadav)
Dated : 25/07/2023 Additional Chief Metropolitan Magistrate,
3rd Court, Esplanade, Mumbai.
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