Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3323 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 960 OF 2022 WITH INTERIM APPLICATION NO. 3359 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 959 OF 2022 Kirti Vishwanath Kedia .. Applicant Versus Central Bureau of Investigation (EOB) and Anr. .. Respondents ....................

 Dr. Sujay Kantawala a/w. Ms. Sajal Yadav, Mr. Aishwarya Kantawala, Jeffry Caleb and Mr. Harsh Ghangurde, Advocates i/by Mr. Anukul B. Seth for Applicant.

 Mr. Kuldeep S. Patil a/w. Dhavalsinh V. Patil and Mr. Yogesh A.

Sukale, Advocates for Respondent No.1 – CBI.

 Mr. Y.Y. Dabake, APP for Respondent - State.

 Dr. Ashwini Takalkar, APP for Respondent No.2 – State.

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CORAM : MILIND N. JADHAV, J.

DATE : AUGUST 22, 2025.

P.C.:

1. Heard Dr. Kantawala, learned Advocate for Applicant; Mr. Patil, learned Advocate for Respondent No.1 – CBI; Mr. Dabake, learned APP for Respondent - State and Dr. Takalkar, learned APP for Respondent No.2 – State.

2. Present Interim Application No.3323 of 2024 is filed by Applicant who is arraigned as Accused No.9 in charge-sheet filed by Respondent No.1 – Central Bureau of Investigation (EOB) (for short ‘CBI’) in CBI Special Case No.1643 of 2021. Application seeks modification of order dated 21.12.2022 passed by this Court (Coram: Bharati Dangre, J.) in Anticipatory Bail Application No.960 of 2022 to the extent of deletion of condition Nos.(c) and (d) stated in that order as conditions for bail qua the Applicant before me. It is seen that the order dated 21.12.2022 was a common order passed in 2 Bail Applications and 4 Anticipatory Bail Applications moved by Applicants in the said case.

3. Dr. Kantawala, learned Advocate would submit that Applicant was not arrested during investigation and his cooperation / availability for investigation with Respondent No.1 – CBI for purpose of investigation is not in dispute. He would submit that learned Trial Court after taking cognizance of order dated 15.02.2022 passed by this Court in Anticipatory Bail Application No.960 of 2022 issued summons to Applicant to appear on 04.04.2022 for investigation. He would submit that Applicant filed exemption Application for personal appearance on that date through his Advocate which was rejected and non-bailable warrant was issued against Applicant.

3.1. He would submit that in the meantime Accused Nos.3, 12, 18, 19, 23, 25 and 26 in the Special CBI case were arrested and sent to judicial custody and their Bail Applications were rejected by order dated 05.12.2022. In the above circumstances, Applicant was constrained to approach this Court for seeking Anticipatory Bail by filing Anticipatory Bail Application Nos.160 of 2022 and 959 of 2022. He would submit that those Application were allowed alongwith 2 other Bail Applications and 3 other Anticipatory Bail Applications of other co-accused persons by common order dated 21.12.2022 appended at Exhibit ‘B’ – page No.26 of Interim Application No.3323 of 2024.

3.2. He would submit that in that order this Court allowed Anticipatory Bail Application of Applicant alongwith 3 other Anticipatory Bail Applications by directing all Applicants to surrender their passports, if any, before the Investigating Officer within one week of their release and directed them not to leave the country without prior permission of the Special CBI Court. These directions are contained in the operative part nomenclatured as ‘Order in Anticipatory Bail Applications’ as can be seen on page No.44 of the Application. In the present Interim Application, Applicant before me prays for deletion of the said twin conditions namely condition Nos.(c) and (d) imposed by Court regarding surrender of passport and seeking permission of Special CBI Court before leaving the country on the following grounds:-

(i) According to Applicant, the said twin conditions are onerous conditions as they fetter the right of Applicant to free travel and impos