Bombay High Court
Sameer M. Bhujbal vs Assistant Director And Anr on 1 February, 2019
Author: Prakash D. Naik
Bench: Prakash D. Naik
Vina k sr.937.appp.14551.2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1451 OF 2018
IN
CRIMINAL BAIL APPLICATION NO.286 OF 2018
Sameer Magan Bhujbal ...Applicant
Versus
Assistant Director, Directorate of Enforcement ...Respondents
& ors.
----------
Mr.Prasad Dhakephalkar, Senior Advocate a/w.Mr.Sajal Yadav and
Ms.Vineetha Khandelwal i/b. Mr.Shalabh K. Saxena for the applicant.
Mr.H.S. Venegaonkar, for Union of India.
Mr.R. M. Pethe, APP for the respondent - State.
----------
CORAM : PRAKASH D. NAIK, J.
DATE : 1st FEBRUARY 2019
P.C. :
1. This is an application for relaxation of condition no. (f) stipulated
in the operative part of order dated 6 th June 2018 passed by this
Court in Bail Application No.286 of 2018.
2. The applicant was directed to be released on bail in Special PMLA
Case No.2 of 2016 pending before the Special PMLA Court, Mumbai
on his executing PR bond in the sum of Rs.5,00,000/- with one or
1/5
::: Uploaded on - 07/02/2019 ::: Downloaded on - 15/03/2019 12:15:21 :::
Vina k sr.937.appp.14551.2018.doc
two solvent local sureties in the like amount. The applicant was also
directed to remain present before the Special PMLA Court, Mumbai
on the fixed dates without fail unless and until prevented for medical
reason. Applicant was directed to surrender his passport with the
investigating agency, if not already surrendered and the applicant
shall not leave the jurisdiction of the High Court of Bombay at
Mumbai without obtaining the prior permission of trial Court.
3. Learned Counsel for the applicant submitted that the pursuant to
the aforesaid order dated 6th June 2018, the applicant has complied
all conditions. It is submitted that the applicant had sought
permission for travel beyond the jurisdiction of this Court on several
occasions and the applications were allowed. It is submitted that the
applicant being former member of parliament from Nashik
constituency and a senior member in the National Executive
Committee of Nationalist Congress Party, required to visit the
erstwhile constituency regularly and take up issues with the higher
government in Delhi, in order to discharge his duties. He is member
of Akhil Bhartiya Mahatma Phule Samta Parishad which organisation
aims towards upliftment and growth of certain oppressed sections of
the society. The applicant has to attend the meeting and public
2/5
::: Uploaded on - 07/02/2019 ::: Downloaded on - 15/03/2019 12:15:21 :::
Vina k sr.937.appp.14551.2018.doc
gatherings of the said organization. The applicant was in custody for
26 months and in the meantime Enforcement Directorate has
attached various properties of applicant. The adjudicating Authority
as well as Appellate Tribunal to adjudicate upon the attachment are
situated at New Delhi. He is required to travel to Delhi. It is
submitted that the applicant has abided all the conditions, one of
which is the surrender his passport with Investigating Agency.
Hence, there is no apprehension that the applicant shall abscond or
flee the Country. The applicant being National Congress Delegate,
has to travel on short notice. It is submitted that the similar
conditions were also imposed against co-accused and this Court vide
order dated 4th September 2018 had relaxed such conditions.
4. Learned counsel for respondent-Union of India submitted that the
complaint has been filed under the provisions of Prevention of Money
Laundering Act, 2012 and proceedings are pending before the Special
PMLA Court, Mumbai and further investigation is still going on.
5. It is noted that pursuant to grant of bail, the applicant has been
permitted to leave jurisdiction of this Court be trial Court on several
occasions vide order dated 24th August 2018, 16th October 2018, 12th
3/5
::: Uploaded on - 07/02/2019 ::: Downloaded on - 15/03/2019 12:15:21 :::
Vina k sr.937.appp.14551.2018.doc
November 2018, 30th November 2018, 14th December 2018, 22nd
January 2019. The applicant was permitted to travel to Delhi from
27.8.2018 to 29.8.2018 UAE and UK, from 8.11.2018 to 21.11.2018
Delhi, from 12.11.2018 to 14.11.2018 and 3.12.2018 to 5.12.2018,
16.12.2018 to 20.12.2018, 29.1.2019 to 31.01.2019. The applicant
has surrendered his passport with Investigating Agency. The order
granting bail imposes other conditions. It is not reported that while
the applicant was granted permission to travel, he has tampered with
evidence. It is made clear that by this order this Court has not
permitted the applicant to travel beyond India. The applicant has
apparently complied with all conditions and there is no complaint of
breach of any condition.
6. Considering the aforesaid circumstances, condition no.(f) can be
relaxed. Hence I pass following order;
ORDER
(i) Criminal Application No.1451 of 2018 is allowed.
(ii) The condition imposed by this Court vide order dated 6 th June 2018 directing the applicant not to leave the 4/5 ::: Uploaded on - 07/02/2019 ::: Downloaded on - 15/03/2019 12:15:21 ::: Vina k sr.937.appp.14551.2018.doc jurisdiction of High Court of Bombay at Mumbai without obtaining the prior permission of the Trial Court is relaxed and stands deleted.
(iii) Applicant is directed to intimate the Investigating Agency as and when he travels beyond State of Maharashtra about details of his travel and contact numbers to the Investigating Agency.
(iv) Criminal Application stands disposed.
[PRAKASH D. NAIK, J.] 5/5 ::: Uploaded on - 07/02/2019 ::: Downloaded on - 15/03/2019 12:15:21 :::