With consent of both the parties, the application was heard for final disposal.

2. The applicant has invoked the revisional jurisdiction of this Court vide Section 397 of the Code of Criminal Procedure (Cr.P.C.), being aggrieved by order dated 28th September, 2017, passed by the Special Judge for CBI City Civil and Sessions Court, Greater Bombay in Misc. Application No.596 of 2017. The Matter was heard and order was reserved. Thereafter, there was change in roaster, which was followed by Summer Vacation.

3. The brief facts of the prosecution are as follows:

On 12th February, 2014, a report was filed by Deputy S.P. CBI BS & FC Mumbai against officials of PEC Limited (Project and Equipment Corporation of India Limited, New Delhi) & others as well as M/s.NSEL (National Spot Exchange Limited) and its officials, M/s.FTIL (Financial Technology India Limited) and its CMD and private parties/defaulters at Delhi, namely, M/s.Brinda Commodities Pvt. Limited, M/s. Tavishi Enterprises Pvt. Ltd., M/s.Dullison Cereals and Dullison Foods located at Karnal, Haryana and unknown officials of Department of Consumer Affairs in connection with conspiracy amongst the accused during the period 2007 to 2013 to cheat PEC Limited and siphoning of its funds by floating accommodative and fraudulent paired contract for trading in agro commodities on the platform of NSEL without actually undertaking any genuine trade. The FIR was lodged on 12th February, 2014 for the offences under Section 120-B read with 409, 420, 467, 468, 471 and 474 of the Indian Penal Code (IPC) and under Sections 13(2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988. It is further alleged that the accused have prepared fake warehouse receipts/allocation letters and other documents in prosecution of conspiracy hatched, which caused wrongful loss to PEC Limited and corresponding wrongful gain to the accused. On completing investigation, final report was submitted to the Court against the accused on 21st December, 2016.

4. During the course of investigation on 13th March, 2014, search was conducted by the investigating machinery at the residential and office premises of the applicant and various documents were seized including passport bearing No.Z2080612 and previous passports bearing nos.G4723509, F4759758, E3617176 and M242549.

5. The applicant preferred an application for return of passport before the Special Court which was numbered as Miscellaneous Application No.30 of 2015. In the said application, it was contended that the passport of the applicant was seized by CBI on 13th March, 2014, during the search of his premises. The investigation is over. Since the applicant is the director of the company and in connection with the business as well as family affairs, he intend to move abroad, he is unable to do so due to seizure of passport. The said application was opposed by CBI. It was stated that the offence is serious in nature. Considering the gravity of the offence and likelihood of applicant fleeing away from justice, the passport is required to be detained till completion of investigation. The said application was rejected by order dated 26th March, 2015.

6. After filing the charge-sheet, the case was numbered as CBI Special Case No.62 of 2016. The summons were issued to all the accused including the applicant. The applicant appeared before the Special Judge on 22nd March, 2017. The applicant was granted bail by the learned Special Judge on the same day. While granting bail, the Court imposed the conditions that the applicant shall not leave India without the permission of the Court as well as the CBI. He was also directed to furnish his permanent address as well as contact number to CBI and to furnish the addresses of his two relatives along with their permanent address and contact numbers.

7. The applicant thereafter preferred an application before the Special Judge viz. Miscellaneous Application No.596 of 2013 for return of his passport. The said applica