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Bombay High Court

GAURAV GUPTAversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that the LOC dated 24 November 2025 shall be suspended for the period of travel, subject to compliance with the conditions imposed, and permission to travel abroad is granted.

Summary

The applicant, Gaurav Gupta, filed an interim application seeking permission to travel abroad despite a Look-Out Circular (LOC) issued on 24 November 2025. The court noted earlier orders that had already permitted travel on similar terms and considered the applicant's request for additional trips to Hong Kong, London, and Dubai. The State, through its counsel, indicated that the investigating agency had no objection, provided the applicant complied with stipulated conditions. The court reasoned that, given the applicant's cooperation with the ongoing investigation, it was just to suspend the LOC for the period of travel. Accordingly, the court granted permission to travel to Hong Kong and London, subject to furnishing itineraries, undertaking to return, and reporting to the investigating officer. The LOC remains in force for other periods, and the application was disposed with the specified conditions.

Issues considered

  • Whether a Look-Out Circular can be suspended to allow the applicant to travel abroad pending investigation
  • Whether the applicant is entitled to interim relief of travel permission despite the LOC

Subjects

  • Look-Out Circular
  • interim relief
  • travel permission
  • criminal procedure
  • suspension of LOC
  • investigation cooperation

Judgment

PALLAVI
MAHENDRA                                                                       5-IA-1626-2026 (CR).doc
WARGAONKAR

Digitally signed by
PALLAVI MAHENDRA
WARGAONKAR
Date: 2026.05.13
20:08:12 +0530
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                     CRI-INTERIM APPLICATION NO. 1626 OF 2026
                                                        IN
                                        CR. WRIT PETITION NO. 1505 OF 2026

                       Gaurav Gupta                                      ...Applicant
                             Versus
                       State of Maharashtra And Anr.                     ...Respondents
                                                        __________

                       Mr. Vinay Bhanushali a/w Mr. Sanmit Vaze, for the Applicant.
                       Ms. Supriya I. Kak, APP, for the Respondent – State.
                       S.S. Tadavi, EOW, Thane, Narpoli Police Station.
                                                       __________

                                                 CORAM :      ADVAIT M. SETHNA &
                                                              SANDESH D. PATIL, JJ.

                                                 DATE     :   13 MAY 2026
                                                              (VACATION COURT)

                       P.C.:

                       1.      Heard learned counsel for the parties. This Interim Application

                       has been filed on behalf of the Applicant for seeking permission to travel

                       abroad in view of the prayers seeking for suspension/quashing of the

                       Look-Out Circular (LoC) which is issued against the present Applicant.

                       2.      The Learned Counsel for the Applicant has drawn attention of this

                       Court to an order dated 20 April 2026 passed by a co-ordinate Bench of

                       this Court. By the said order, the Applicant was permitted to travel

                       abroad wherein the Court recorded that the main Petition is filed for

                       setting aside the LOC dated 24 November 2025. It is the same LOC

                       which is the subject matter of the proceedings before this Court. Such
             Pallavi                                                                         Page 1 of 4
                                                                     5-IA-1626-2026 (CR).doc


          permission was granted subject to certain terms and conditions as

          recorded in the order.

          3.        Our attention has also been invited to the subsequent order dated

          30 March 2026 where the Applicant was similarly permitted to travel

          abroad subject to the terms and conditions imposed in paragraph 5 of

          the said order.

          4.        The Applicant now seeks similar permission to travel abroad, the

          details of such travel have been set out in the Application at paragraph 9

          which reads as under:-

               Sr.       Dates      Destination          Details of Stay
               No.
               1.     18/05/26 To Hongkong        Kerry Hotel,
                      28/05/26                    38 Hung Luen Road Hung
                                                  Hom       Bay  Kowloon,
                                                  Hongkong

               2.     30/05/26 To London          Hilton London Kensington,
                      15/06/26                    179-199     Holland     Park
                                                  Avenue, London, W11 4UL,
                                                  London
               3.     20/06/26 To Dubai           JW Marriott Marquis Hotel,
                      30/06/26                    Sheikh Zayed Road, PO Box
                                                  121000, Business Bay, Dubai


          5.        Ms. Kak, learned APP for the State under instructions states that

          the Investigation Agency has no objection if the Application is allowed.

          This, more particularly, in view of the fact that similar Applications have

          been allowed in the past. The investigation is pending. It is stated that

          the Applicants have co-operated in the pending investigation.

Pallavi                                                                            Page 2 of 4
                                                                    5-IA-1626-2026 (CR).doc


          6.     Considering the above, we deem it just and proper to allow this

          application by passing the following order:-

                                            ORDER

          (A)    Applicant is allowed to travel to Hongkong from 18 May 2026 to

          28 May 2026 and also to London from 30 May 2026 to 15 June 2026.

          Such permission shall be subject to the following conditions:-

                (i) The Applicant shall furnish his itinerary, Air-tickets, contact

                     details and addresses where he would be staying or visiting

                     Hongkong and London to the Investigating Officer as early

                     as possible before his departure.

                (ii) The Investigating Officer shall inform the Immigration

                     Authorities regarding receiving the said information.

                (iii) If these primary conditions are satisfied, then the Applicant

                     is permitted to travel between 18 May 2026 to 15 June

                     2026 (supra) on the following conditions :

                   (a)    The Applicant shall submit an Undertaking to this

                          Court before his travel that he would return to India

                          on or before 16 June 2026. The Undertaking shall be

                          accompanied by the copies of Air-tickets of the

                          Applicant, addresses, contact numbers and the nature

                          of his business in Hongkong and London.

                   (b)    A copy of such Undertaking alongwith necessary

                          documents as mentioned above, shall be served on the
Pallavi                                                                           Page 3 of 4
                                                                   5-IA-1626-2026 (CR).doc


                         Investigating Agency as early as possible, before his

                         departure from India.

                  (c)    If the Applicant furnishes those documents in the

                         Court and with the Investigating Officer, the LOC

                         No.2025445836 dated 24 November, 2025 shall

                         remain suspended between 18 May, 2026 to 16 June,

                         2026.

                  (d)    The Applicant shall be permitted to travel to

                         Hongkong and London during the period between 18

                         May 2026 to 15 June 2026. On his return, the

                         Applicant shall report to the Investigating Officer.

                  (e)    In case, the Applicant fails to comply with these

                         conditions, the Investigating Agency is at liberty to

                         take steps in accordance with law.

          7.    With these directions, the Interim Application No. 1626 of 2026 is

          disposed of.

          8.    It is clarified that these observations operate only with respect to

          LOC No. 2025445836 dated 24 November, 2025.

          9.    All concerned to act on the authenticated copy of this order.



          [SANDESH D. PATIL, J]                  [ADVAIT M. SETHNA, J.]




Pallavi                                                                          Page 4 of 4


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