Bombay High Court

NEWTON BISHOYI AND ANRversusSTATE THR PUBLIC PROSECUTOR AND ANR

Disposal: Partly allowed
Bench: NEELA GOKHALE

Holding

The High Court did not modify condition No.6 but directed the trial court to decide the pending travel‑permission application within one week.

Summary

The applicants, Newton Bishoyi and another, were granted bail with condition No.6 prohibiting them from leaving India without the trial court's permission. After joining the investigation on 11 May 2026, they applied to the trial court on 12 May 2026 for permission to travel abroad, but the application remained pending. They filed a criminal miscellaneous application seeking modification of condition No.6 so that this High Court could grant them permission to travel and reside abroad. The State opposed the modification, noting that the investigation was nearly complete and the investigating officer might still require their presence. The Court, while not altering condition No.6, directed the trial court to decide the pending travel‑permission application within one week of receiving this order. Consequently, the application was disposed of as partly allowed.

Issues considered

Whether the High Court can modify condition No.6 of the bail order to permit the applicants to travel abroad without trial court permission
Whether the trial court should be directed to decide the pending application for travel permission within a specified time

Subjects

bail
modification of bail conditions
travel abroad
criminal miscellaneous application
high court
trial court jurisdiction

Judgment

2026:BHC-GOA:1175
                                             1 CRMA 82 2026

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                      CRIMINAL MISC. APPLICATION NO.82 OF 2026
                                        IN
                    CRIMINAL APPLICATION ( BAIL ) NO.337 OF 2026 (F)
           NEWTON BISHOYI AND ANR                                 ... APPLICANTS
             Versus
           STATE THR PUBLIC PROSECUTOR AND
           ANR                                                    ... RESPONDENTS


           Ms. A. Agni, Senior Advocate with Mr Junaid Shaikh, Advocate
           for the Applicants.
           Ms Swati Kamat Wagh, Additional Public Prosecutor for the
           Respondent-State.
           Mr G. Teles with Ms Natasha Rai, Advocates for the Respondent
           No.2/Complainant.


                                 CORAM:- DR. NEELA GOKHALE, J.
                                 DATED :- 22nd June, 2026

           P.C.:


           1.           By way of this application, the Applicants seek modification
           of condition No.6 of the Order dated 28th April 2026, passed by this
           Court and modified by Order dated 8th May 2026 by this Court to the
           extent that the Applicants shall not leave India without permission of
           the Trial Court.


           2.           Heard Ms Agni, learned Senior Advocate for the Applicants,
           Ms S. Kamat Wagh, learned Additional Public Prosecution for the
           Respondent/State and Mr G. Teles, learned counsel for the Respondent

                                                Page 1 of 3
                                               22nd June, 2026
                                 1 CRMA 82 2026


No.2/Complainant.


3.      Ms Agni's grievance is that the Applicants have been in India
since 11th May 2026 and have joined the investigation. Thereafter,
they made an application on 12th May 2026, before the Trial Court,
seeking permission to travel abroad. Ms Agni states that the said
application has not been decided till date. Hence, the Applicants
sought modification of the aforesaid Orders to the extent that, instead
of taking permission from the Trial Court to travel abroad, the
permission be granted by this Court to the Applicants to travel abroad
and continue to reside abroad.


4.          Ms Kamat Wagh, learned Additional Public Prosecutor
representing the State, states that the investigation is almost over,
however, the Investigating Officer may call the Applicants if their
presence is required further. In any case, I am not inclined to modify
the condition No.6 of the aforesaid Orders. However, in the interest of
justice, the trial Court is requested to consider and decide the
application made by the Applicants seeking permission to travel
abroad and continue to reside abroad, within one week from the date
on which the present order is communicated to the trial Court. Nothing
further survives in the present application and the same is disposed of
as partly allowed.


5.      The application is disposed of.

                                   Page 2 of 3
                                  22nd June, 2026
                                                         1 CRMA 82 2026




                     6.          All parties to act on an authenticated copy of the present order.



                                                                  DR. NEELA GOKHALE, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                            Page 3 of 3
Date: 22/06/2026 16:22:55
                                                           22nd June, 2026

Continue reading with your account

Checking your session…