AVINASH NIVRUTTI BHOSALE S/O LATE NIVRITTI GANPATI BHOSALEversusDIRECTORATE OF ENFORCEMENT AND ANR

                                                                     30. CRI IA-3067-26.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                           INTERIM APPLICATION NO. 3067 OF 2026
                                             IN
                              BAIL APPLICATION NO. 77 OF 2024

           Avinash Nivrutti Bhosale                         .. Applicant
                      Versus
           Directorate of Enforcement & Anr.                .. Respondents
                                       ....................
            Mr. Aabad Ponda, Senior Advocate a/w Mr. Aditya Mehta, Mr.
              Abinash Pradhan & Mr. Yash Dedhia i/by Wadia Ghandy & Co.,
              Advocates for Applicant
            Mr. Prashant Mishra, Special Counsel a/w Mr. Bharat Jadhav, Ms.
             Purva Birla, Ms. Shruti Chande, Mr. Krish Kariya, Mr. Akshun
             Thakur, Ms. Tisha Thakkar & Mr. Ketan Gavhane, Advocates for
             Respondent No. 1
            Ms. Rajeshree V. Newton, APP for State
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : OCTOBER 5, 2026
           P. C.:

           1.       Heard Mr. Ponda, learned Senior Advocate for Applicant; Mr.

           Mishra, learned Special Counsel for Respondent No. 1 and Ms.

           Newton, learned APP for State.


           2.       Present Interim Application is field for seeking relaxation of the

           bail conditions 26(C) and 26(D) in the order dated 28.08.2026 passed

           in Bail Application No. 77 of 2024, copy of which is appended at page

           Nos. 53-69 of Application.




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3.       Insofar as condition No. 26(C) is concerned, I prima facie do not

agree with the said condition considering several such orders passed

by this Court regarding the issue of surrendering passport. Said

condition stands immediately deleted.


4.       The decisions of this Court in the cases of Mohammad Hanif

Nurani Vs. the State of Maharashtra and Anr. 1 and Kirti Vishwanath

Kedia Vs. Central Bureau of Investigation (EOB) and Anr. 2 squarely

cover the aforesaid request made by Applicant.                    I cannot take any

digressing view in the present matter and therefore the said condition

No.26(C) is deleted / cancelled and / or been scaled down to the

effect that whenever Applicant has to travel abroad he will report or

give the details of the itinerary, with detail address, with details of his

stay abroad and return to the prosecution / CBI before he travels and

leaves the country. If there is any change in his mobile phone numbers

or address while being abroad, he shall furnish those details also on

email to the concerned IO.


5.       In that view of the matter, needless to state that his passport

shall be forthwith returned back to him by the Court / Authority on

the basis of a certified copy of this order downloaded from the

Bombay High Court website.



1    Criminal Application No.434 of 2024 decided on 05.02.2025.
2    ABA No.960 of 2022 decided on 22.08.2025.

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           6.       Insofar as condition No. 26(D) is concerned, the same stands

           deleted with a caveat that Applicant is directed to file undertaking to

           this Court within a period of two weeks from today that he shall

           ensure presence of his Advocate on every date of hearing before the

           Trial Court. In that view of the matter, it is clarified that Applicant’s

           presence shall stands exempted. However, it is clarified that if the

           Trial Court desires to procure and secure the presence of Applicant for

           any particular reason on any particular date, then Trial Court shall

           pass appropriate orders for securing presence of the Applicant on that

           particular date.              Applicant shall ensure that he shall be duly

           represented by his Advocate and / or Counsel before the Trial Court.


           7.       This order shall be read along with order dated 28.08.2024

           passed in Bail Application No. 77 of 2024.


           8.       With the above direction, Interim Application is allowed and

           disposed.



Amberkar                                                [ MILIND N. JADHAV, J. ]

                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                    2026.10.05
                      15:45:23 +0530




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