Interim Order 2

Order Details: Order Below EX 1
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 157/PW/2018
CNR No.MHMM180004902018
ORDER BELOW EXH3
1. This is an application filed by the wanted accusedRajesh
Kumar seeking permission to travel abroad i.e. United State of America
in light of order dt. 13.10.2020 passed by Hon'ble Supreme Court
SLP(cri.) Diary No.5169/2019.
2. The applicant intends to travel to the United States of
America for the period of 46 weeks. During his time in the United
States, he will be staying at 291, Liberty street, Apartment No.55, Little
Fairy, NJ 07643, USA.
3. As there are four different FIRs against the present
applicant including present one, he filed criminal writ petition bearing
No.3626/2020 before Hon'ble Bombay High Court for similar prayers,
wherein he got liberty to apply before the jurisdictional Magistrate
Court. Accordingly, the Hon'ble Bombay High Court directed to decide
present application on or before 06.11.2020, if the application filed on
or before 2nd or 3rd November, 2020.
4. The applicant moved this application on 04.11.2020 vide
an order dated 04.11.2020 applicant directed to inform dates of travel,
to produce copy of writ petition and an affidavit, which applicant failed
to comply in time. Despite this, the application expedited. However,
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meanwhile the Vakola police i.e. investigating officer to whom the
investigation was transferred from Kherwadi police station sought time
to file say. Even informant made intervention and also sought time to
file his objection. After giving sufficient time to all parties the matter
kept for order on 07.11.2020. As the dates of travel was not informed
and the counsel made oral submissions regarding travel dates and also
informed that the order of travel permission granted by Borivali Court
has been under challenge before Hon'ble Bombay High Court, the order
kept pending till today, so that appropriate order can be passed, if the
order of Borivali Court got modified.
5. However, the applicant could not get order till today.
Therefore, taken for order.
6. The applicant has filed on record the copy of order dated
13.10.2020 of Hon'ble Supreme Court in SLP No.5169/2019, wherein
Hon'ble Supreme Court directed applicant not to leave country without
prior permission of the trial court. The applicant also filed on record the
various orders passed by the Hon'ble Supreme Court on the same SLP
granting permission to the petitioner for traveling abroad. The first
order was of the date 15.04.2019 vide said order the applicant was
permitted to visit United States of America, as his wife appears ill and
suffering from cancer. Such permission was granted on condition that
applicant shall leave this country within one week and would positively
be back within four weeks subject to the title deed of flat No.1301, 13th
Floor, Bwing in a building known as “Rustomjee Oriana”, situated at
Gandi Nagar, MIG Colony, Bandra (E), owned by him will be deposited
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in the course of a day with the registrar of Hon'ble Supreme Court as a
security and subject to solvent surety to be given by Jitesh Gehnani for
sum of Rs.20 Lacs. Said order was time to time followed in subsequent
orders on same conditions.
7. The applicant also filed on record copy of order dated
26.02.2020 of Hon'ble High Court in writ petition No.6216/2019,
wherein it is observed that there is no ban on travel of the applicant.
8. The applicant has contended that all the three lookout
notice have been deleted. He also contended that every time he abided
the order of Hon'ble Supreme Court and every time he appeared before
investigating officer as and when called. He has mentioned the dates of
his attendance & time before various investigating officers from
27.02.2019 to 02.04.2019. Thus, he sought permission of travel on
reasonable conditions.
9. The advocate for the applicate at bar submitted that the
security furnished before the Hon'ble Supreme court is still intact and
applicant would not withdraw the same till he returned back to India.
10. The investigating officer and the prosecution raised
objection to grand such permission claiming that the investigation qua
forgery against the applicant accused is still pending. The investigating
officer is not known the residential address and contact of the accused
in India and therefore, the accused is not approachable and therefore
the investigation is stalled and delayed. On the other hand, the
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informant also raised similar objection & some other technical issues,
which can be taken care of by imposing appropriate conditions.
11. It is to be noted that the accused still a wanted accused in
the present proceedings. However, same cannot came across to grant
permission to travel abroad as accused already been granted similar
permissions by Hon'ble Supreme court and accused has abided the
same. Not only this, the accused got protection of bail from Hon'ble
Supreme court through same order dt. 13.10.2020 in SLP
No.5169/2019.
12. In these circumstances, no doubt, the investigation is
pending, the accused can be permitted to travel abroad for six weeks to
see his wife, who is suffering from Cancer, as it is informed that the
accused would travel for six weeks, the accused shall file the schedule
of travel before leaving the country. The accused shall also
provide/furnish his address and contact number. Hence, following
order :
ORDER
i) Application allowed.
ii) The accused is permitted to travel United States of
America, subject to order of other courts for period of six
weeks.
iii) The accused shall commence the travel within one week
and shall be returned back within six months.
iv) The accused shall informed his address and contact details
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in India with proof to the investigating officer of Vakola
police station before leaving the country and shall report to
Vakola police station on his arrival to India.
v) The accused shall execute the personal security bond of
Rs.20 Lacs & file copy of passport.
Date: 10.11.2020 (Sudhir N. Shinde),
Ssl. Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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