Delhi High Court
Nanak G. Sheth vs Cbi on 20 August, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20th August, 2014
+ CRL. M.C. 3509/2014
NANAK G. SHETH ..... Petitioner
Through: Mr. O.P. Malviya with Mr.
Satya Narayan, Advocates.
versus
CBI ..... Respondent
Through: Mr. Narender Mann, Spl. PP for
CBI with Mr. Manoj Pant and
Ms. Utkarsha Kohli, Advocates
with Inspector R.D. Sharma,
CBI.
CORAM:
HON'BLE MR. JUSTICE VED PRAKASH VAISH
VED PRAKASH VAISH, J. (ORAL)
1. This is a petition filed under Section 482 of the Code of
Criminal Procedure, 1973 against the order dated 02.08.2014 passed by
learned Special Judge, CBI-03 (PC Act), Delhi.
2. In short the facts of the present case are that RC No.2
(S)/81/SIC-I/CBI/New Delhi under Section 5 of Official Secret Act
read with Section 409/120B of IPC was registered against the
petitioner and he was arrested on 17.03.1981. The petitioner filed a
petition bearing Criminal Misc. (M) No.159/1981 before learned
Special Judge, CBI, Tis Hazari Courts, Delhi. Vide order dated
14.04.1981, the petitioner was admitted to bail by the Trial Court
subject to the condition that the petitioner shall not leave the country
without prior permission of the Trial Court.
3. Learned counsel for the petitioner urges that the petitioner
moved applications seeking permission to go abroad and the same
were granted by the trial Court from time to time and the petitioner
never misused the said permission. He further submits that the
petitioner moved an application seeking permission to go abroad from
28.08.2014 till 02.10.2014, which was dismissed by learned Trial
Court vide impugned order dated 02.08.2014. Learned counsel for the
petitioner also submits that the petitioner has some important business
meetings in Germany, Czech Republic and Holland during the period
of 28.08.2014 to 02.10.2014 and invitations from foreign companies
have been received in this regard. He further submits that the
petitioner is ready to deposit a sum of Rs.5,00,000/- (Rupees Five
lakhs) by way of fixed deposit receipt and will comply with other
conditions, which the Court deems fit.
4. In the present case, trial is pending since 1981. It is not disputed
by the Special PP for CBI that earlier on various occasions permission
to travel abroad was granted to the petitioner by the trial court.
5. Keeping in view of the facts and circumstances of the present
case, the petitioner is permitted to go abroad for the period 28.08.2014
to 02.10.2014 subject to following conditions: -
(i) The petitioner shall furnish a fixed deposit receipt for the
sum of Rs.5,00,000/- (Rupees Five lakhs only) along with
personal bond in the like amount with an undertaking that in
case of breach of any of the conditions, the amount of FDR shall
be forfeited;
(ii) The petitioner shall be duly represented by his counsel on
the dates fixed for hearing, who shall not seek any adjournment
on the ground of absence of the petitioner;
(iii) The identity of the petitioner shall not be distorted;
(iv) The passport of the petitioner shall be submitted to the
CBI within three days after his return from abroad;
(v) The petitioner shall furnish complete and detailed
itinerary regarding his tour to abroad;
(vi) The petitioner shall also give an undertaking that he shall
not seek extension of his stay;
6. CBI is directed to release the passport subject to the conditions
mentioned above.
7. With the aforesaid observations, the petition is disposed of.
Dasti.
(VED PRAKASH VAISH)
JUDGE
AUGUST 20, 2014
hs
