Supreme Court – Daily Orders
Manojbhai Parshottambhai Babariya vs Union Of India on 3 August, 2026
Author: Dipankar Datta
Bench: Dipankar Datta
ITEM NO.54 COURT NO.7 SECTION II-E
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.12014/2026
[Arising out of impugned final judgment and order dated 30-06-2026
in MCRC No.28524/2026 passed by the High Court of Madhya Pradesh at
Indore]
MANOJBHAI PARSHOTTAMBHAI BABARIYA Petitioner
VERSUS
UNION OF INDIA Respondent
I.A. No.188296/2026-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
I.A. No.188299/2026-EXEMPTION FROM FILING O.T.
WITH
SLP(Crl) No. 12015/2026 (II-E)
I.A. No.188304/2026-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
I.A. No.188306/2026-EXEMPTION FROM FILING O.T.
Date : 03-08-2026 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE SHEEL NAGU
For Petitioner(s) :Mr. Ayush Jain, Adv.
Mr. Chetan Agarwal, Adv.
Mr. Gagan Singh Parmar, Adv.
Ms. Jyoti Parmar, Adv.
Ms. Alpana Sharma, AOR
For Respondent(s) :Mr. Davinder Pal Singh, A.S.G.
Mr. Shreekant Neelappa Terdal, AOR
Mr. Nikhil Aradhe, Adv.
Mr. Harsh Gokle, Adv.
Mr. Rajan Kumar Chourasia, Adv.
Mr. Medha Pushkarna, Adv.
Mr. Vatsal Joshi, Adv.
Mr. Satyama Dubey, Adv.
Signature Not Verified
Digitally signed by
rashmi dhyani pant
Date: 2026.08.04
18:07:13 IST
Reason:
1
UPON hearing the counsel the Court made the following
O R D E R
1. Petitioner figures as an accused in an FIR registered at the instance of the
Central Bureau of Investigation being Crime No. RC0082025S0018 under
Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860, Sections
66 read with 43(1) and 66D of the Information Technology Act, 2000 and
Section 7 of the Prevention of Corruption Act, 1988. Upon the petitioner seeking
pre-arrest bail, an order came to be passed on 25 th May, 2026 by the High Court
of Madhya Pradesh granting bail. Liberty of the petitioner has, thus, been
secured.
2. Petitioner happens to be a Green Card holder. His family resides in the
United States of America. In view of the impending expiry of the Green Card on
11th November, 2026 and the serious consequences that could ensue in terms
of invalidation of such card, if the petitioner does not return to the USA prior to
such date, he had applied before the High Court seeking permission to travel to
the USA for a period of three months. Such prayer has been dismissed by the
High Court by the impugned judgment and order dated 30 th June, 2026, which is
the subject matter of challenge in this special leave petition.
3. Notice was issued on 7th July, 2026 by this Court during its partial court
working days. Mr. Davinder Pal Singh, learned Additional Solicitor General has
entered appearance on behalf of the respondents.
4. An order dated 29th July, 2026 passed by us recorded as follows:
“2. By tomorrow i.e. by 30th July, 2026, the petitioner and the other three
partners of M.P. Babariya partnership firm shall file separate affidavits and
furnish a list of securities not below Rs. 35 crore which may be attached to2
facilitate consideration of the petitioner’s prayer.
3. The petitioner shall also file an affidavit indicating therein his itinerary
viz. date of departure to the U.S.A., date of arrival in India as well as the
residence and contact details in the U.S.A. where he would be readily
available in case contact is required to be established.”
5. In terms of the above order, separate affidavits have been filed by the
brothers and the nephew of the petitioner asserting that they would have no
objection to attachment of the properties referred to at Sl. Nos.1 to 12 of
paragraph 5 and paragraph 7 of the affidavit filed by the petitioner. They have,
however, prayed that upon the petitioner’s return to India in the first week of
November, 2026, the attachment may be lifted.
6. We have further perused the itinerary of the petitioner, who proposes to
leave the country on 06th August, 2026 and return by 05 th November, 2026, for
the purpose of having his Green Card renewed.
7. Petitioner in his affidavit has also furnished the address where he would
be readily available in the USA together with his contact details.
8. The statements of the petitioner are accepted. His prayer to permit him
travel to the USA is allowed, subject to the following conditions:
a. The original sale deeds in respect of the properties and fixed deposit
receipt mentioned in Sl. Nos. 1 to 12 of paragraph 5 and paragraph 7 of
the affidavit filed by the petitioner along with “Exhibit A”1 [providing
details of the aforesaid original files (13 in number) which forms part of
this order] are made over by Mr. Ayush Jain, learned counsel for the
petitioner. The same are sealed and shall be retained in the safe custody
1
List of original sale deeds and fixed deposit receipt duly signed by Mr. Ayush Jain,
learned counsel for the petitioner.
3
of the Registrar of the concerned section until further orders.
b. The aforesaid properties being part of Exhibit A are hereby
attached, which shall continue till such time further orders are passed
lifting such attachment after the petitioner returns to the country by 5 th
November, 2026. Needless to observe, if the petitioner does not return by
5th November, 2026, he may have to face sperious consequences.
c. Since the petitioner is enjoying an order for pre-arrest bail, the
lookout circular, if any, issued shall remain suspended until further orders.
d. During the period of his absence from the country, the petitioner
must be represented before the trial court by his advocate on the dates
fixed.
9. Relist the special leave petitions on 16th November, 2026.
(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA)
ASST. REGISTRAR-CUM-PS COURT MASTER (NSH)
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