In the absence of any specific condition in the bail order restricting the accused's travel abroad, the court will not impose such a condition unless there is sufficient justification for doing so.

( 1 ) BY way of this application a prayer has been made by the C. B. L for modification of the order dated 17. 12. 1990 of Chawla, J, thereby confirming the interim bail order relating to Chandraswamy-respondent and it has been further requested that the conditions as imposed on co. accused K. N. Aggarwal may also be ordered to be imposed on the respondent.

( 2 ) BRIEFLY stated the facts leading to the filing of this application are as under:

ON 25th of May, 1990fir/crim. No. 1 (SIG) (S)/90 was registered by Delhi Special Police Establishment for the offences undersection 120-B. I. P. C. read with Sections 182/193/218/465/469/ 471 and 500 Indian Penal Code. and substantive offences under Sections 182/193/ 218/465/469/471/500 Indian Penal Code.-Six persons were named as accused including Chandraswamy-respondent and K. N. Aggarwal alias Mama Ji.

( 3 ) ON a petition being Crl. M. (M) 2683/90 moved by Chandraswamy, respondent an order was passed on 23. 11. 90 to the effect that the petitioner shall not be arrested in this case. The case was adjourned to 26th of November, 1990 and thereafter on 17th of November, 1990 the interim order of the petitioner was confirmed in view of the fact that co-accused had alread been granted bail vide order dated 17. 7. 1990 of Y. K. Sabharwal, J.

( 4 ) I have heard Shri S. Lal, learned counsel for the C. B. I, and Mr. Pinaki Mishra, learned counsel for the respondent, Chandraswamy. Learned counsel for the C. B. I, has submitted that the Department has through out been of the view that the order dated 17. 12. 90 relating to Chandraswamy contained all the conditions which were imposed in the order of bail of K. N. Aggarwal and that one of the condition was that he would not leave India without the permission of the Court. He has also submitted that this fact was specifically brought to his notice by the investigating officer by sending him information requiring him to appear before the Investigating Officer on 27. 2. 91 vide order dated 26. 2. 91.

( 5 ) THESE submissions have been. strongly controverted by learned counsel for the non-applicant and has even referred to the reply dated 27. 2. 91 sent by him to the Investigating Officer copy of which has been filed by C. B. I. According to him it was a factual misrepresentation on the part of the Investigating Officer. I have gone through the notice given by the Investigating Officer, its reply by counsel for non applicant and the two orders of bail relating to K. N. Aggarwal and non-applicant.

( 6 ) VIDE order dated 17. 7. 1990 relating to co-accused K. N. Aggarwal, he was granted anticipatory bail on the condition that he shall not leave India except with the permission of the Court and that he would report to the Investigating Officer on every Monday at 11 A. M. for a period of one month and and that he would also join the investigation as and when required. The fact, however, remains that referring to the said order of bail in respect of K. N. Aggarwal the interim bail of the respondent has been confirmed unconditionally. There could, thus, be no question of reading something in the said order which is not specifically recorded. I have, thus, no hesitation in coming to the conclusion that the said order of bail does not contain a condition that non-applicant would seek permission in the case before going abroad.

( 7 ) THE short question now for consideration is as to whether it is necessary to impose conditions on the respondent that he would not leave the country except with permission of this Court in the instant case. It has been submitted by learned counsel for the respondent that in case R. C. I. (S/88/siu) (IX) registered by the C. B. I, on 5. 2. 1988 a condition has already been imposed that Chandraswamy would not leave the country without permission of this Court. It is not disputed that it is in pursuance of the aforesaid condition that on an application moved by Chandraswamy he was permitted to go abroad for a period of six mon