( 1 ) THIS order will dispose of three petitions filed by the petitioners, who are foreign nationals of Indian origin, under sections 439 (1) (b) read with Section 482 of the Code of Criminal procedure, 1973 (hereinafter criminal Procedure Code ), for modification of bail order dated 19/1/2001, passed by the trial court, imposing condition directing that they shall not leave the country without permission of the Court, and for quashing of the order dated 1/2/2001, declining them permission to go abroad, in case No. 39 of 1999 arising out of. RC. No. 1 (A)/90/acu-IV under section 120-B read with sections 420 Indian Penal Code etc read with sections 5 (2) and 5 (l) (d) of the PC Act, 1947.

( 2 ) FACTS in brief are : that on 22/1/90 above noted case/fir was registered by the Central Bureau of Investigation (for short CBI) against several accused persons, of whom named are

(I) Martin Ardbo, former President of M/s. A. B. Bofors, Sweden, (ii) W. N. Chadha alias Win Chadha, of M/s. Anatronic Generalcorporation and (iii) G. P. Hinduja, beneficiaries of M/s. Pitco/ moresco/moineosa C/o. G P Hinduja; Sangam Ltd. , London. Rest of the accused are stated in general terms as directors/ employees/shareholders of the said companies and public servants of Government of India; FIR was registered on the basis of source information, facts made available through media regarding report dated 1/6/87 of Swedish National Audit Bureau (for short, snab ), certain facts contained in the report dated 22/4/88 of the joint Parliamentary Committee (for short, JPC) and the report dated 28/4/88 of the Comptroller and Auditor General of India. FIR gives sequence of events, relating to the purchase of 155 m. m. FH 77-B guns from M/s. AB Bofors for a value of Swedish Kroners (for short, sek) 8410. 66 million (Rs. 14377. 2 million) vide agreement dated 24/3/86, in violation of the Government s decision not to involve any agent and other laws of the land. It is alleged that during 1982-87, certain public servants entered into criminal conspiracy with private persons in India and abroad and in pursuance of the same committed offences of bribery, cheating and fraud in respect of the said agreement and obtained amounts, from M/s. A B Bofors, including payments by the holders/beneficiaries of account code name accounts : "tulip" with Manufacturers Hannover Trust Company; "lotus" with Suissee Bank Corporation, and "mont Blanc" with credit Suissee, in Geneva.

( 3 ) ON 22/10/99, after receipt of first set of documents, police report under section 173 Cr. P. C. (hereinafter charge sheet) was filed by the CBI against S. K. Bhatnagar, Win Chadha, Ottavio quattrocchi and Martin Ardbo, former President of M/s. A. B. Bofors, as well as against M/s. A. B. Bofors and others for the said offences stating that further investigation u/s. 173 (8) Criminal Procedure Code were in progress. Cognizance was taken by the Special Judge, Delhi, on 4/11/99. Outcome of extradition proceedings are pending against ottavio Quattrocchi and service of Red Comer Alert notice against martin Ardbo, of Sweden is awaited. The matter is listed before the trial court for supply of copies etc. to accused persons who have already appeared and for appearance of the remaining accused persons.

( 4 ) IN December, 1999 another set of documents was received from Swiss authorities in execution of the Letters of Rogatory dated 7/2/90. These documents revealed that nine payments aggregating to SEK 80,797,709. 92 (Approximately SEK 81 million), were made by M/s. A. B. Bofors, in the abovenoted code name accounts, in three different bank accounts of M/s. Mc Intyre Corp. , during the period from 22/5/86 to 22/12/86. These bank names were earlier also mentioned in SNAB s report. The total amount paid as per these documents was also the same as disclosed by the representative of m/s. A. B. Bofors, during their meeting with Government officials in september, 1987. Investigations revealed that petitioners w