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Bombay High Court

VIRENDRA LAXMIDAS THAKKARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court allowed the interim application and granted the applicant permission to travel to Portugal and Italy subject to specified conditions.

Summary

The applicant, Virendra Laxmidas Thakkar, filed an interim application seeking permission to travel to Portugal and Italy from 20 September to 10 October 2026. The court noted prior orders granting the applicant travel permission to the United States and Germany, and observed that the applicant had not misused those liberties. The applicant offered to deposit the original Agreement of Sale of a flat as security, and a photocopy was placed on record. The respondent's counsel did not oppose the request, citing the earlier permissions. The court allowed the application, granting travel permission subject to conditions regarding itinerary submission, deposit of the original Agreement of Sale, and surrender of the passport upon return.

Issues considered

  • Whether the court may grant permission to a criminal appellant to travel abroad pending the disposal of the appeal, and on what conditions.

Subjects

  • interim application
  • travel permission
  • criminal appellate jurisdiction
  • conditions of release
  • agreement of sale
  • passport surrender

Judgment

                                                                                      42-ia-2377-2026.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO. 2377 OF 2026
                                                         IN
                                          CRIMINAL APPEAL NO. 127 OF 2020

                      Virendra Laxmidas Thakkar                          …Applicant

                              V/s.

                      The State of Maharashtra                           ...Respondent


                      Ms. Nikita Gawai i/b Mr. Rahul Arote, Advocate for the Applicant.
                      Ms. S. S. Kaushik, APP for the Respondent/State.


                                                       CORAM         :   N.R. BORKAR, J.
                                                       DATE          :   31.08.2026.
PRAMOD
SANTOSH               P.C. :
LAKARE
Digitally signed by
PRAMOD
SANTOSH LAKARE
Date: 2026.08.31
19:38:09 +0530
                      1.                By this application, the applicant seeks permission to

                      travel to Portugal and Italy from 20.09.2026 to 10.10.2026.



                      2.                I have heard the learned counsel for the applicant and

                      the learned APP for the respondent/State.



                      3.                The learned counsel for the applicant has drawn my

                      attention to the orders passed by this Court dated 04.05.2022 in

                      Interim Application No. 1409 of 2022 and 15.09.2022 in Interim


                      Pramod S.Lakare
                                                               1/3
                                                               42-ia-2377-2026.doc


Application No. 2376 of 2022. By the said orders, this Court on

earlier occasions granted permission to the applicant to travel to

the United States and Germany. It is submitted that the applicant

has not misused the said liberty. It is submitted that the applicant,

to allay any apprehension, is willing to deposit Agreement of Sale

in respect of flat purchased by the applicant towards security. The

learned counsel for the applicant has tendered photocopy of the

said Agreement of Sale. The same is taken on record and marked

“X” for the purpose of identification.


4.                The learned APP for the respondent/State submits that,

in view of the earlier orders passed by this Court, appropriate

order be passed.



5.                Considering the fact that on earlier occasions this Court

granted permission to the applicant to travel abroad, the following

order is passed.

                                    ORDER

                  i)    The Interim Application is allowed.


                  ii)   Permission as sought is granted to the

                  applicant to travel to Portugal and Italy from
Pramod S.Lakare
                                          2/3
                                                                  42-ia-2377-2026.doc


                  20.09.2026 to 10.10.2026, subject to following

                  conditions.

                       a)       The applicant shall furnish the itinerary

                       to the concerned police station within a

                       period of one week.

                       b)        The applicant shall deposit with the

                       Registry of this Court the original Agreement

                       of Sale of which the photocopy is produced

                       on record within a period of one week.


                       c)       The original Agreement of Sale shall be

                       returned to the applicant upon his return to

                       India.


                       d)       The applicant shall deposit his passport

                       with the Registry of this Court within a

                       period of two weeks from the date he

                       returns to India.


6.                The Interim Application is disposed of in the aforesaid

terms.

                                                       [N.R.BORKAR, J.]


Pramod S.Lakare
                                             3/3


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