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V. R. K. KRUPA SAGAR
Soumyadri Sekhar Bose – Appellant
Versus
Directorate of Enforcement – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.)
1. By the present petition, the petitioner herein/A1 seeks relaxation of bail conditions and various grounds are urged in this petition.
2. The Directorate of Enforcement/respondent filed a detailed counter opposing the prayer of the petitioner and seeks dismissal of this petition.
3. Sri J.Sarath Chandra, learned counsel for the petitioner and Sri J.Bhaskara Rao, learned Special Public Prosecutor, Directorate of Enforcement, Government of India submitted their arguments.
4. A few facts need to be noticed. The chairman of the Andhra Pradesh State Skill Development Corporation, Andhra Pradesh (APSSDC) lodged a written information. Upon which, Crime No.29 of 2021 of C.I.D.Police Station, A.P., Amarvathi, Mangalagiri was registered for the offences punishable under Sections 166, 167, 418, 420, 465, 468, 471, 409, 201 and 109 read with 120B of the IPC and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 was registered. The present petitioner is one of the accused and he was arrested and thereafter he was released on bail. The said case is the predicate offence. Upon the predicate offence, Directorate of Enforcement registered ECIR f
The right to travel for legitimate business needs is fundamental and cannot be denied without substantial reasons, especially when compliance with bail conditions is demonstrated.
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
Parties must adhere to procedural requirements when seeking modifications to bail conditions.
The court has the discretion to release a passport for business purposes while imposing conditions to ensure the interests of justice and the rights of the parties are balanced.
The court affirmed its inherent power to modify bail conditions under Section 482 Cr.P.C. to ensure justice and prevent undue hardship to the accused.
The court's ruling allows travel abroad for an accused under certain conditions while ensuring compliance with ongoing legal proceedings.
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