Mayank Silawat vs. Union Of INDIA
Held
The Court held that the petitioner could be permitted to travel abroad for a limited period, subject to certain conditions. The reasoning was based on the need for an assurance that the petitioner would return to attend the trial, given his potential role as the main accused. The Court directed the petitioner to file a fresh application with all necessary travel documents. Crucially, this application would only be considered if the petitioner furnished an undertaking from the Ex-Director and the present Director of his company. These directors would jointly provide a surety of Rs. 1,00,00,000/- (Rupees One Crore only) for the petitioner. The trial court was then to consider and pass an appropriate order in accordance with the law. The criminal revision was disposed of in light of these directions.
Facts
The petitioner, Mayank Silawat, is an accused in a criminal case pending for over 12 years. He is on bail and has complied with all bail conditions. He filed an application seeking permission to travel abroad for business purposes. The Special Judge rejected this application. The petitioner, a Managing Director of Sunlight Private Limited, submitted his GST certificate and declared his assets. The respondent opposed the prayer for travel. The Court noted the petitioner's potential role as the main accused and the need for assurance of his return.
Key Issues
1. Whether the petitioner, an accused on bail in a long-pending criminal case, should be permitted to travel abroad for business purposes, considering the need for assurance of his return to attend trial? The petitioner argued that he may be permitted to travel abroad for a limited period for business purposes, highlighting his compliance with bail conditions and his role as Managing Director of a company. He also submitted his GST certificate and declared his assets. The respondent opposed the prayer, likely emphasizing the risk of the petitioner absconding given his status as a potentially main accused in a protracted trial.
Sections Cited
Section 438, Section 442
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Per: Justice Vivek Rusia The present Criminal Revision has been filed under Section 438 read with Section 442 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short hereinafter referred as, 'BNSS') against the order dated 19.12.2025 passed in Special Case No.ST/9500317/2014 by Special Judge/XVIII Additional Sessions Judge (CBI/Vyapam), Bhopal (M.P.), whereby the application filed by the applicant seeking permission to travel abroad was rejected. 2 . The applicant is one of the accused in Special Case No.ST/9500317/2014, which is pending since last more than 12 years. The applicant is presently on bail and regularly attending the trial proceedings and has not violated any of the conditions of the bail. 1 CRR-957-2026 NEUTRAL CITATION NO. 2026:MPHC-JBP:30230 Signed by: SHRU
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