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The High Court asked Roshni Kapoor to approach the Trial Court if she desires to travel abroad, and allowed the prosecuting agency to oppose the same. This came after she was detained by the immigration authorities at the Mumbai International Airport while she was leaving India.
A Division Bench of the Bombay High Court comprising Justice A.S Gadkari and Justice Milind Jadhav has directed Roshni Kapoor to approach the Trial Court for traveling abroad.
Roshni Kapoor, daughter of Rana Kapoor, one of the accused in the Yes Bank DHFL Scam, was detained by the Immigration Authorities at the Mumbai International Airport, and thereafter was taken to the office of the Income Tax Department on 8 March 2020.
Counsel for the Income Tax Department informed the court that no Look Out Circular (LOC) was issued against the petitioner. However, the counsel for CBI submitted before the court that LOC was issued against the petitioner since it is apprehended that in case the LOC issued against the Petitioner is withdrawn, she may leave the country and not return to face proceedings instituted against her.
The High Court noted the fact although interim bail was granted to Roshni Kapoor by the Supreme Court, however, the conditions for bail were to be decided by the trial court, and therefore the High Court asked Roshni Kapoor to approach the trial court if she desires to travel abroad.
The division bench also allowed the prosecution agency to press any such ground, including the ground of existence/subsistence of LOC against the Petitioner.
The High Court also noted that:
"In the event, of any such ground is raised, the Trial Court shall be at liberty to decide any such objection regarding LOC on its own merits and strictly in accordance with law; The Trial Court at the time of deciding such an application may consider to direct to suspend LOC for a limited period as may be permissible under the Rules in that behalf."
Case title: Roshni Kapoor vs Union of India & Ors.
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