B.P. Mittal And Anr. vs State
2003 Latest Caselaw 705 Del

ORDER

J.D. Kapoor, J.

1. The petitioner was granted anticipatory bail vide order dated 16.4.2003 passed by Ms. Manju Goel learned Additional Sessions Judge on the ground that allegations were nominal and it is not possible to say on the basis of such allegations that there is a prima facie case under Section 306, IPC. Since then the petitioners have neither been arrested nor released on bail.

2. The petitioners approached the Metropolitan Magistrate for granting permission to visit UAE as they are residents of UAE and their permission was going to expire and the passports were required to be revalidated. The learned Magistrate granted permission but imposed certain conditions that are on the face of highly oppressive, harsh, uncalled for and even beyond the powers of the Court. This petition seeks removal of these conditions.

3. At the outset the conditions imposed by the Magistrate were that the permission shall be granted for one month and subject to the conditions that, (i) they shall produce "No Objection Certificate" from the sureties; (ii) shall produce FDRs of Rs. 10 lakhs each; (iii) shall not seek any extension on ground of illness or old age; (iv) shall not misuse the period for which permission has been granted, shall not tamper with the evidence or investigation in any manner; (vi) shall furnish their contact address in UAE; (vii) shall furnish two local addresses of their relatives in Delhi; (viii) shall furnish details of immovable properties in Delhi.

4. So far as the conditions of not tampering with the evidence or misusing the said permission or furnishing the contact address is concerned these are reasonable conditions. Every other condition isharsh and uncalled for. Condition imposed that no extension shall be granted on the ground of illness or old age is unreasonable and inhuman. There is no justification for compelling the petitioner to furnish local addresses of two of his relatives.

5. The Court cannot traverse beyond the limits and no vexatious conditions can be imposed upon a person against whom the allegations are still to be established and is granted anticipatory bail because of lack of prima facie evidence of the commission of the offence. The impugned order suffers from the vice of infirmity, illegality and oppressiveness and is set aside. As a result the petition is allowed- All other conditions are removed except those which are mentioned as reasonable. dusty".

6. Petition is disposed of.