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2012 Supreme(SC) 19

2012 (4) SCC 245, 2012 (2) SCC(Cr) 381
Supreme Court of India
A.K. GANGULY & J.S. KHEHAR
Rajesh Talwar
Versus
Central Bureau of Investigation (Delhi) & Another
SLP (Crl.).No.2981 of 2011
Date of Judgment : 09-01-2012

Advocates appeared:
For the Petitioner:Harish N. Salve, Senior Advocate, R.N. Karanjawala, Ms. Manik Karanjawala, Sandeep Kapur, Shivek Trehan, Udit Mendiratta, Jai, M/s. Karanjawala & Co. and Ms. Binu Tamta, Advocates. For the Respondents:
H.P. Raval, Additional Solicitor General, Rajiv Nanda, P.K. Dey and Arvind Kr. Sharma, Advocates.

Headnote:Code of Criminal Procedure, 1973 – Section 439 – Petitioner already on bail – Bail continued with the condition that he shall not leave the local police station without obtaining the permission of the learned Magistrate. (Para 2)

       (2012) 2 SCC 188 : 2012 (1) SCC (Cri) 711 – Referred

       Facts of the case:

       This is a bail application.

       Finding of the Court:

       Petitioner already on bail, furnished bail bonds, has deposited his passport. His bail may be continued.

       Result: Bail continued.

Judgment :

1. We have heard the learned counsel for the parties. It appears that pursuant to the order of this Hon’ble Court in Criminal Appeal No.68 of 2012 titled Napur Talwar v. CBI 2012 (2) SCC 188 : 2012 (1) SCC (Cri) 711) whereby this Hon’ble Court upheld the order dated 9-2-2011 of the Special Judicial Magistrate (CBI), Ghaziabad in Special Case No.1 of 2011 whereby cognizance was taken, the petitioner herein would appear before the Special Judicial Magistrate (CBI), Ghaziabad on 4-2-2012 which, we understand, is the date fixed for hearing.

2. It is also not in dispute that the petitioner, Dr. Rajesh Talwar is on bail since 2008 virtually by an order dated 11-7-2008 and he also furnished bail bond pursuant to that order. In that view of the matter we direct the petitioner Dr. Rajesh Talwar to remain on bail. It is understood that the petitioner has already deposited his passport and the same is lying with the court of the learned Magistrate. In the meantime, the petitioner shall not leave the local police station without obtaining the permission of the learned Magistrate.

3. With this order, the present special leave petition is disposed of. We make it clear that this order will not prevent either of the parties from moving such application as they are entitled to in accordance with law.

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