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2026 DAILYLAW 19574 (BOM)

ABHAY NARENDRA LODHA v. THE STATE OF MAHARASHTRA AND ORS

IA/3450/2026 · 2026-10-14

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: 1 : 22-IA-3450-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3450 OF 2026 IN CRIMINAL WRIT PETITION NO.875 OF 2026 Abhay Narendra Lodha …..Applicant Versus The State of Maharashtra and others .….Respondents ----- Mr. Kevic Setalwad, Senior Advocate a/w. Jehan Lalkaka, Bhavesh Thakur, Samruddhi Bendbhar i/b. Parinam Law Associates for the Applicant. Ms. M.M. Deshmukh, APP for the Respondent No.1-State. Mr. Amit Munde, Special Public Prosecutor a/w. Jai Vohra for the Respondent No.2-CBI. Ms. Supriya Kak, Counsel for the Respondent Nos.3 & 4. ----- CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 14th OCTOBER, 2026 P.C. : 1. This Interim Application is filed in a pending Writ Petition. There are three main prayers in this Application filed for permission to travel abroad to different countries. 2. At the outset, the learned Senior Counsel appearing for the Applicant states that at this stage he is not pressing the 1 of 7 Deshmane(PS) : 2 : 22-IA-3450-26.odt prayer clauses (b) and (c) and the Applicant is pressing only prayer clause (a) for permission to travel to USA and UK between 16.10.2026 to 1.11.2026. He seeks liberty to move appropriate Application in respect of the prayer clauses (b) and (c) which are in respect of the permission to travel to Europe and China on different dates. 3. Considering this statement, we are considering only prayer clause (a). The Applicant is at liberty to prefer separate application/applications for permission to travel to Europe and China on different dates after he returns back to India. 4. Heard Mr. Kevic Setalwad, the learned Senior Counsel for the Applicant, Ms. M.M. Deshmukh, the learned APP for the Respondent No.1-State, Mr. Amit Munde, the learned Special Public Prosecutor for the Respondent No.2-CBI and Ms. Supriya Kak, the learned Counsel for the Respondent Nos.3 & 4. 5. The learned Senior Counsel for the Applicant submitted and it is also mentioned in the application that the 2 of 7 : 3 : 22-IA-3450-26.odt Applicant wants to travel to USA for arranging his daughter’s college accommodation. His daughter is eighteen years of age. She requires his help in getting the accommodation. She is studying in California, USA. The Applicant wants to travel to UK for personal and business purpose. 6. The learned Senior Counsel invited our attention to the order dated 6.7.2026 passed in Interim Application No.2180/2026 in Writ Petition No.875/2026. Vide that order, the Applicant was permitted to travel to Germany, Switzerland, Italy, United Kingdom and Poland between 8.7.2026 to 28.7.2026. Accordingly the Applicant had travelled to those countries between the said period of 8.7.2026 to 28.7.2026. Even before that order, he was permitted to travel to USA, UK and Poland between 23.9.2025 and 18.10.2025 pursuant to the order passed in Interim Application (L) No.26469/2025 in Writ Petition (L) No.15187/2025. Even on that occasion, he had returned back to India without violating any condition. 7. The order dated 6.7.2026 passed in Interim 3 of 7 : 4 : 22-IA-3450-26.odt Application No.2180/2026 in Writ Petition No.875/2026 records that there were two look out circulars initiated by CBI. We are informed that at present there is only one Look Out Circular pending against the Applicant initiated at the behest of CBI. The Applicant has tendered an affidavit affirmed on 13.10.2026. The said affidavit is taken on record. There are fourteen orders annexed to that affidavit. Those orders are passed by different Courts in different prosecutions against the Applicant. Vide all these orders, the Applicant was permitted to travel to USA and UK between 16.10.2026 to 1.11.2026 on certain conditions. 8. A copy of the affidavit along with copies of the orders passed by different trial Courts are served on the learned Special Public Prosecutor Shri Amit Munde appearing for the CBI and there is no dispute that those orders in fact are passed by all those trial Courts. 9. The Respondent CBI has opposed grant of this Application by filing affidavit-in-reply. However, the learned Special P.P. Shri Munde admits that all these orders are passed 4 of 7 : 5 : 22-IA-3450-26.odt by the trial Courts specifically permitting him to visit these two countries between the said period. Stringent conditions are also imposed on him for his travel. The learned Special P.P. stated that the LOC pending at the instance of CBI bears the number as LOC No.1845295. 10. Though Shri Munde submitted that the Petitioner is a flight risk, however, he conceded that pursuant to the last order passed in Interim Application No.2180/2026 in Writ Petition No.875/2026, the Applicant has returned back to India without violating any conditions; and after that all those fourteen orders are passed permitting him to travel abroad. In this view of the matter, we are inclined to allow this Application. 11. Hence, the following order: :: O R D E R :: I. The Applicant is permitted to travel to USA and UK between 16.10.2026 to 1.11.2026 on the following conditions : i. The Applicant shall submit a detailed itinerary 5 of 7 : 6 : 22-IA-3450-26.odt to the learned Special P.P. for the CBI at least 48 hours before his departure. ii. The itinerary shall include all the details of the air tickets, his contact numbers and addresses where he would be staying during his visit. iii. The Applicant shall abide by all the conditions imposed on him by the trial Court whereby he was granted permission to travel abroad, through all the orders annexed to his affidavit. iv. The Applicant shall return to India on or before 1.11.2026. On his return, he shall inform the learned Special P.P. for the CBI within 48 hours of his return. II. On all these conditions, the operation of the Look Out Circular pending against the Applicant at the instance of the CBI is stayed for a period between 16.10.2026 to 1.11.2026. III. The Immigration Authorities shall permit passage of the Applicant for the purposes of traveling abroad and 6 of 7 : 7 : 22-IA-3450-26.odt return back to India during that period. IV. It is clarified that this order is only in respect of the Look Out Circular initiated at the instance of the CBI being LOC No.1845295. V. The Interim Application is disposed of in the aforesaid terms. VI. The parties to act on the authenticated copy of this order. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) 7 of 7 PRADIPKUMAR PRAKASHRAO DESHMANE Digitally signed by PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2026.10.15 18:42:48 +0530