Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
68th COURT, BORIVALI, MUMBAI
C.C. No. : 6800451/N/2024
ORDER BELOW EXH – 1
1. Read the application filed by the applicant / accused Rajesh
Madhukar Vispute. The accused made two fold prayers first, to release
his passport which has been surrender before the M.H.B. Colony police
station as per the bail order. Secondly, to travel abroad i.e. from
Mumbai to Tanzania, East Africa and Philippines for the period from
15/04/2024 till 24/05/2024 for business meet.
2. Ld. Advocate for the accused submitted that the accused has two
sons namely Falgun and Falgunesh and their passport is going to expire
in the month of May. Therefore, for renewal of their passport, parent’s
(accused) passport is necessary. He also submitted that the accused
being in the business of poultry feeds he intends to attend business
meet. Therefore, he be permitted to travel abroad for the above
mentioned countries.
3. Per contra, the Ld. APP for the State submitted that the
investigation is in progress and charge-sheet is not yet filed. Huge
amount is misappropriated by the accused and if the passport is
released then he will flee away from justice and will not be present for
trial.
4. The Investigating Officer also raised strong objection to release
the passport and to allow the accused to travel abroad. The I.O. has
specifically stated that the accused has committed fraud and
misappropriation of amount of Rs.3,91,46,710/- and during police
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custody nor till date he helped the police machinery to recover the said
amount. Now, the accused is trying to obtain passport under the name
of renewal of his children passport and for business trip. If he is allowed
to travel abroad then he will settled with his family at abroad and never
return to India for further investigation or to face trial.
5. It is an admitted fact that while releasing present accused on
bail he was directed to deposit his passport before the concern police
station and accordingly he surrender his passport before the police
station in compliance of bail order. It is also an admitted fact that huge
amount in crores of rupees is involved and there is allegation with
respect to misappropriation of said amount by the present accused.
Further, it is an admitted fact that investigation is in progress and till
date it is not completed and charge-sheet is not filed.
6. As far as, first prayer of accused with respect to renewal of
passport of his minor son’s are concerned, the accused failed to put
forth any reason as to why there is urgent need to renew their passport.
The entire application nowhere speaks that there is urgent need for
renewal of their passport for their education or job purpose. Even the
accused failed to submit photocopies of their earlier passport.
7. The accused has produced photocopies of one business
delegation of Tanzania for the period between 15-04-2024 to 19-04-
2024 and registration of one live stock Philippines Company. But he
failed to file air tickets. The perusal of these photocopies and the
agenda mentioned therein reveals that it is just a formal meeting with
different sectors of authority and acquiring knowledge of live stock and
not more than that.
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8. No doubt, the Hon’ble Apex Court has held that freedom to
travel abroad is fundamental right but a rider of limitation is placed
under Article-19 (2) of Constitution of India. The passport of present
accused was seized for a specific purpose that he should not flee away
from justice and should remain for the investigation and trial. As above
mentioned, investigation is yet not completed. Huge amount in crores
of rupees is involved and till date not a single pai has been recovered or
seized. If the allegations and the prima facie involvement of present
accused in the present offence is consider then it will be quite just and
proper from not allowing him to travel abroad. No prejudice will cause
to him if the application is rejected.
9. On the contrary, if the accused is permitted to travel abroad and
if he settled down in any of the Countries mentioned above then the
entire investigation will collapsed. Even the accused will not be
available for the trial nor the huge amount in crores of rupees can be
recovered or seized. Therefore, for the above mentioned reasons and in
the interest of justice I am of the opinion that at this juncture his
surrender passport can not be return to him for renewal of his sons
passport nor for travel abroad. Hence, I proceed to pass the following
order :-
O R D E R
The application stands rejected.
sd/-
(S. M. A. Sayyed)
Mumbai. Metropolitan Magistrate,
Date : 08-04-2024 68th Court, Borivali, Mumbai.
*rsh
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