Manojbhai Parshottambhai Babariya vs Union Of India on 3 August, 2026

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    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

    SPONSORED

    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:

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    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 to

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    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
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    List of original sale deeds and fixed deposit receipt duly signed by Mr. Ayush Jain,
    learned counsel for the petitioner.

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    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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