Bombay High Court

Jayesh Paramanand KhandwalaversusCentral Bureau of Investigation

Decided: 27 February 2026
Disposal: Allowed
Bench: ASHWIN D BHOBE

Holding

The Court deleted bail condition No. 3 and substituted it with a requirement to inform the investigating officer of the applicant’s travel itinerary and to report back within 48 hours of return.

Summary

The applicant, Jayesh Paramanand Khandwala, filed Criminal Application No. 217 of 2025 seeking the deletion of bail condition No. 3, which required him to obtain permission from the trial court before travelling abroad, in a CBI Special Case. The CBI and the State opposed the request, while the applicant’s counsel argued that the condition was unnecessary and that a lesser reporting requirement would suffice. The Court examined the earlier order dated 19 November 2014 and considered the principle that bail conditions should not be more restrictive than necessary to ensure the accused’s presence. It held that the travel‑permission condition could be replaced by a requirement that the applicant furnish his itinerary before departure and notify the investigating officer within 48 hours of his return. Accordingly, the Court deleted condition No. 3 and imposed the new reporting conditions, while leaving the remaining bail conditions intact.

Issues considered

Whether the bail condition requiring prior permission to travel abroad should be relaxed or modified in the interests of justice

Subjects

bail
travel abroad
CBI
modification of bail conditions
criminal procedure

Judgment

                                                               APL-217-2025 (f).doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
              CRIMINAL APPLICATION NO. 217 OF 2025
Jayesh Paramanand Khandwala                      … Applicant
      Verses.
Central Bureau of Investigation & Anr.          …Respondents
                                -----
Mr. Niranjan Mundargi, a/w Mr. Keval Mehta and Mr. Kandarp
Trivedi, learned Advocates for the Applicant.

Mr. Kuldeep Patil a/w Saili Dhuru, learned Advocates for the
Respondent No. 1.

Mr. Sukanta Karmakar, learned APP for the Respondent – State.
                                   -------

                                   CORAM : ASHWIN D. BHOBE, J.
                                    DATE : 27th FEBRUARY, 2026.
P.C. :


1.       Heard Mr. Niranjan Mundargi, learned Advocate for the

Applicant, Mr. Kuldeep Patil, Special Counsel for Respondent No.

1, and Mr. Sukanta Karmakar, learned APP for Respondent – State.



2.       By the Criminal Application No. 217 of 2025 the Applicant

has sought for the following relief in terms of prayer clause (a):-


            a)     Call for the papers and proceedings of the order
            passed on Exhibit No. 14 in the CBI Special Case No. 47 of
            2007 and after perusing the same, relax and/or modify the
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                                                            APL-217-2025 (f).doc


           condition no. (3) imposed upon the Applicant vide order
           dated November, 19, 2014, which directs the Applicant to
           seek permission of the Ld. Trial Court before travelling
           abroad; in the peculiar facts and circumstances of the
           present case and in the interest of justice;




3.      Mr. Niranjan Mundargi, learned Advocate for the Applicant

and Mr. Kuldeep Patil, learned Special Counsel for the CBI submit

that this Application can be disposed of in terms of prayer clause

(a) for the reasons recorded in the Order dated 27 th February, 2026

passed in Criminal Application No. 1513 of 2024.



4.      In view of the submissions made by Mr. Niranjan Mundargi

and Mr. Kuldeep Patil, this Application is allowed in terms of

prayer clause (a). Bail condition No. 3 in the Order dated 19 th

November, 2014 passed below Exhibit-14 (Bail Application) in CBI

Special Case Nos 74 /2014 @ 47/2007 is deleted.



5.      It is clarified that, in addition to Bail condition Nos. 2, 4, 5,

6, and 7, as outlined in the Order dated 19 th November, 2014,

passed below Exhibit-14 (Bail Application) in CBI Special Case

Nos. 74/2014 @ 47/2007, the Applicant shall comply with the

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                                                        APL-217-2025 (f).doc


following conditions before travelling abroad and upon returning

to India. :-



1.    The Applicant shall, before travelling abroad, provide in
writing details of his itinerary (destination, place of stay abroad,
contact number abroad and air tickets (to and from)) to the
Respondent no.1 (Investigation Officer, Central Bureau of
Investigation) .


2.    The Applicant shall, upon returning to India, notify
Respondent No. 1 (Investigation Officer, Central Bureau of
Investigation) in writing within 48 hours of his arrival.




6.      This Criminal Application is allowed in above-said terms.



                                       (ASHWIN D. BHOBE, J.)




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