MUMBAI: A metropolitan court has dismissed a plea by Colaba-based shipping businessman Aliasgar Merchant, an accused in an alleged assault and extortion case, seeking removal of a bail condition that requires prior court permission before traveling abroad.
Case Background
Merchant is among the accused in a Crime Branch case involving his friend Tarun Thadani. The two have been charged with conspiring to assault a software consultant who allegedly assisted the Income Tax Department. According to the prosecution, the consultant was assaulted, and the incident was recorded on a mobile phone. The accused allegedly demanded Rs 1 crore from the victim and threatened to upload the video on social media if the demand was not met.
Court Order
In an order passed on June 8, Additional Chief Judicial Magistrate Vinod Patil rejected Merchant's application seeking deletion of the travel restriction imposed while granting anticipatory bail.
Merchant argued that the police had already filed a chargesheet in the case and that he had complied with all bail conditions since securing relief from the court. He further informed the court that he had filed a petition before the Bombay High Court seeking quashing of the FIR, which is still pending. Claiming to be a family man with deep roots in society, Merchant contended that there was no likelihood of him absconding.
The businessman also submitted that his shipping agency business required frequent overseas travel at short notice to supervise loading and unloading operations at foreign ports. He pointed out that courts had previously permitted him to travel to destinations such as Dubai, Bangkok, and Sri Lanka after imposing certain conditions, including the deposit of Rs 1 lakh.
Prosecution's Opposition
The prosecution, investigating officer, and original complainant opposed the plea, arguing that unrestricted foreign travel could increase the risk of the accused fleeing the country. They also highlighted that proceedings relating to quashing of the FIR and chargesheet remain pending before the High Court.
Magistrate's Decision
Rejecting the application, the magistrate noted that the travel restriction had originally been imposed by the sessions court while granting anticipatory bail in December 2022 and was continued when Merchant was granted regular bail after filing of the chargesheet in July 2023. The court held that it would be inappropriate for the trial court to modify a condition imposed by a superior court and observed that maintaining the restriction was necessary to ensure the accused's presence during trial. The application was accordingly dismissed.
