ORDER

Crl. M.A. 4576/2004:

Allowed subject to just exceptions.

Crl. M.C. 1491/2002:

Notice. Mr. HJS Ahluwalia accepts notice.

This petition is directed against the order dated 17.8.1999 of the learned Special Judge whereby the learned Judge, while admitting the petitioner to bail, has directed him to deposit his passport with the Court. The learned Special Judge has further directed him not to leave the country without prior permission of the Court.

2. It is contended by Counsel for the petitioner that the petitioner has travelled abroad with permission of the Court on as many as eight occasions and on each occasion the Court has desired of him to furnish a bank guarantee/FDR for a substantial amount. He also submits that the petitioner is frequently required to travel abroad on account of medical treatment and that again permission takes considerable time besides increasing workload.

3. Heard Counsel for the petitioner as also counsel for the CBI. Counsel for the CBI contends that he has no objection if the passport of the petitioner is returned but would insist on the petitioner submitting his itinerary to the Court before leaving the country and also keeping the Court informed of his contact address while abroad.

4. Having heard Counsel for the parties and in the facts and circumstances of this case where the petitioner has been allowed to travel abroad on various occasions and has not belied the trust of the Court bestowed upon him; has neither caused any obstruction in the trial nor has he abused his liberty, in any manner, I deem it appropriate and in the interest of justice to modify the condition of bail that requires him to surrender his passport to the Court and not to leave the country without prior permission of the Court by deleting the same. I order accordingly. However, the petitioner shall now furnish a bail bond in the sum of Rs. 2,00,000/- (two lacs) with two sureties of Rs, 1,00,000/- (one lac) each to the satisfaction of the Trial Court. The petitioner shall, on leaving the country, furnish his itinerary and contact address to the Court on each occasion and shall inform the Court on his return. He shall ensure that his travels abroad do not, in any manner, interfere with the proceedings in the Court and no delay is occasioned on account of such travel.

5. With this Crl. M.C. 1491/2004 is disposed of. A copy of this order be given DASTI to Counsel for the petitioner.

Petition allowed.