Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
3RD COURT, ESPLANADE, MUMBAI.
Misc. Case No.2380/MISC/2026
(CNR NO.MHMM11-010327-2026)
IN
C. C. No.10/PW/2004
Santosh Mahadeo Sawant ... Applicant / Accused
V/s
CBI. SC-II. New Delhi. ... Respondent / Complainant
ORDER BELOW EXH. 1
1. The present application is filed by applicant/accused No.3
namely Santosh Mahadeo Sawant, seeking permission to travel
abroad to Malaysia from 01.08.2026 to 20.08.2026.
2. It is submitted by the applicant that, the applicant is
businessman and is a permanent resident of State of Maharashtra.
He is original accused No.3 in this case i.e. Case No. 10/PW/2004
for offence punishable under Sections 386, 384, 341 read with 34
of the Indian Penal Code, 1860. He has been released on bail by the
Hon’ble Special Judge, MCOC Court, Mumbai vide order dated
30.11.2023 passed in Criminal Bail Application No. 2828 of 2023.
Since then he remained on bail without any complaint whatsoever
regarding his conduct. The applicant has scrupulously complied
with all the conditions imposed while granting the bail and has at
all times remained available for investigation.
3. The applicant submits that, he has received a formal
-- 1 of 5 --
- 2 -
invitation from the Malaysian Indian Restaurant Association, Malaysia
inviting him to attend a business and industry event scheduled to be
held at Kuala Lumper, Malaysia from 01.08.2026 to 20.08.2026 being
his standing experience and business interests in the hotel and
restaurant industry. Earlier also on one occasion, this court has
permitted him to travel abroad as per order dated 23.11.2024 passed in
Misc. Application No.4255 of 2024. He has complied with all conditions
of the said order. So also, the Hon’ble Special Judge, MCOC Court,
Greater Mumbai also permitted him to travel Malaysia from 01.08.2026
to 20.08.2026 Applicant undertakes to abide by any conditions that
may be imposed by this Court. On these grounds, he urged to allow the
application.
4. CBI through Learned APP filed their say vide Exh.5 to this
application and strongly objected the application on the grounds that,
the applicant/accused is facing serious offences of extortion and was
absconded during trial. Applicant was arrested on 18.04.2023 by CBI at
Mumbai International Airport while he was returning from Singapore.
There is strong possibility that, the applicant may free from the clutches
of law and do not return India to face the trial pending against him, if
he permitted to go abroad. It would not be in the interest of justice to
allow the present application of the applicant at this stage and there is
likelihood that the applicant misuses such liberty. On these grounds, APP
urged to rejected the application.
5. Heard the learned counsel for the applicant/accused. Learned APP
for the CBI. Perused the application, reply filed by CBI vide Exh.5, the
earlier order of this Court, order of the Hon’ble Special Judge, MCOC
-- 2 of 5 --
- 3 -
Court, Greater Mumbai and the material placed on record.
6. It is a settled position of law that, the right to travel abroad is a
facet of personal liberty guaranteed under Article 21 of the Constitution
of India (See:
Maneka Gandhi v. Union of India, AIR 1978 SC 597).
However, this right is not absolute and is subject to reasonable
restrictions, particularly when an accused is facing trial.
7. In the present case, earlier also, on one occasion, the applicant
was permitted to travel abroad and he has not violated any condition of
the earlier order of this Court and order of the Hon’ble Special MCOC
Court, Greater Mumbai. The prosecution has not placed any concrete
material on record to substantiate the apprehension that the applicant is
likely to abscond, if permission is granted. In the present case, evidence
of prosecution witnesses is yet to be commenced. Considering the
overall facts and circumstances of the case and the willingness of the
applicant to abide by stringent conditions, the application deserves to be
allowed on merits. Hence, I proceed to pass the following order.
ORDER
(A) The Application (Exh. No.1) is allowed.
(B) The applicant/accused No.3 namely Santosh Mahadeo Sawant
is permitted to travel abroad to Malaysia from 01.08.2026 to
20.08.2026 (both days inclusive), subject to the following
conditions:
1. He shall furnish a detailed itinerary mentioning his
place of stay in Malaysia with complete address,
telephone numbers and mobile numbers to the
-- 3 of 5 --
- 4 -
Investigating Officer as well as to this Court, before his
departure.
2. He shall furnish copies of his valid visa and passport to
this Court and to the Investigating Officer before
departure.
3. He shall intimate the concerned unit of CBI in writing
before his departure from India and immediately upon
his return to India.
4. In addition to the existing sureties, he shall deposit cash
security of Rs.2,00,000/- (Rupees Two Lakhs Only) with
this Court before departure. If such amount is already
deposited in the court as per earlier order, then it shall
be continued for the purpose of this order.
5. He shall not dispute his identity in the trial proceedings
during his absence from India.
6. He shall furnish contact numbers of two close relatives
in India, along with proof of his permanent residence
and details of his immovable properties in India, before
departure.
7. He shall make himself available physically or through
video conferencing as and when required by this Court
during his stay abroad.
8. He shall file an undertaking before this Court stating
that he shall have no objection to any order being
passed in his absence in accordance with law and that
he shall make necessary arrangements to proceed with
the trial through his advocate.
9. He shall ensure that the progress of the trial is not
-- 4 of 5 --
- 5 -
hampered due to his absence.
10. In the event of breach of any of the above conditions,
the cash security of Rs.2,00,000/- shall stand forfeited
to the State and a non-bailable warrant shall be issued
against him.
11. He shall comply with all the above conditions and
furnish the necessary undertaking before travelling
abroad. Failure to do so shall result in automatic
cancellation of this permission.
12. He shall intimate this Court and the Investigating Officer
immediately upon his arrival back in India.
13. He shall remain present personally or through video
conferencing on the date fixed for framing of charge and
on all dates when his personal presence is required by
the Court.
(C) The applicant shall file compliance report along with proof of
deposit of cash security and undertakings on or before 31.07.2026.
(D) It is clarified that this permission is granted only for the aforesaid
period and shall not be treated as a precedent for future travel
permissions. Any further request for travel abroad shall be
considered on its own merits.
Mumbai, (S. S. Budruk)
Dated : 24.07.2026 Additional Chief Judicial Magistrate,
3rd Court, Esplanade, Mumbai
Mbc/-
-- 5 of 5 --