AVINASH NIVRITTI BHOSALE S/O LATE NIVRITTI GANPATI BHOSALE v. CENTRAL BUREAU OF INVESTIGATION AND ANR
IA/3833/2025 · 2026-08-27
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3772 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3772 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19.IA.3833.2025.doc HARSHADA H. SAWANT (P.A.)
IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3833 OF 2025 IN BAIL APPLICATION NO.2383 OF 2023 Avinash Nivritti Bhosale .. Applicant IN THE MATTER BETWEEN: Avinash Nivritti Bhosale .. Org.Applicant Versus Central Bureau of Investigation and Anr. .. Respondents .................… Mr. Aabad Ponda, Senior Advocate a/w. Mr. Amod Eklagpur, Mr. Abinash Pradhan and Mr. Yash Dedhia, Advocates i/by Wadia Ghandy & Co. for Applicant. Mr. Avadhut M. Chimalkar, SPP a/w. Mr. Tusshar Nirbhavne and Mr. Krishna Haritwal for Respondent No.1 – Central Bureau of Investigation (for short ‘CBI’). Ms. Sangeeta E. Phad, APP for Respondent No.2 – State. ...................
CORAM : MILIND N. JADHAV, J. DATE : AUGUST 27, 2026 P.C.
:
1. Heard Mr. Ponda, learned Senior Advocate for Applicant; Mr. Chimalkar, learned SPP for Respondent No.1 – CBI and Ms. Phad, learned APP for Respondent No.2 – CBI. 2. Applicant has filed this Interim Application for seeking a scaling down condition Nos.49(vi) and (vii) appended at page No.51 of the Application wherein bail order passed on 17.05.2024. Prima facie reading of these conditions persuade me to consider this Application since I cannot take contrary view of the issue which has 1 of 4
19.IA.3833.2025.doc been already taken by me in several similarly placed matter. 3. The Applicant under condition No.49(vi) is required to surrender passport every time before the Trial Court and before he has to travel seek permission of the Trial Court and seek custody of his passport. This condition in my prima facie opinion is an onerous condition especially where the Applicant is required to travel for business interest or otherwise abroad every now and then. 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.49(vi) 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 1 Criminal Application No.434 of 2024 decided on 05.02.2025. 2 ABA No.960 of 2022 decided on 22.08.2025. 2 of 4
19.IA.3833.2025.doc basis of a certified copy of this order downloaded from the Bombay High Court website. 6. Needless to state that every six months he shall file a his report of his travel plans, if any to the CBI in advance.
In my opinion, the aforesaid scaling down of condition No.49(vi) would suffice. 7. The second condition i.e. 49(vii) requires the Applicant to regularly attend the proceedings before the Trial Court in person. Mr. Ponda would submit that said condition is onerous because it affects the business and work of the Applicant. He would submit that Applicant is duly represented by Advocate and / or Counsel before the Trial Court on every date and he undertakes to ensure that Applicant shall keep his Advocate present on all dates before Trial Court. To that effect, Applicant is directed to file an undertaking in this Court within one week that he shall ensure the presence of his Advocate on every date of hearing before the Trial Court. It is clarified that if the Trial Court desires to have the presence of the Applicant on any particular hearing date, the Trial Court shall be free pass appropriate order and the Applicant shall thereafter remain present on that date. The aforesaid twin conditions Nos.49(vi) and (vii) as delineated in the this
order shall be read alongwith the order dated 17.05.2024 for compliance. 3 of 4
19.IA.3833.2025.doc
8. With the above directions, Interim Application is allowed and
disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.27 17:17:42 +0530