Delhi High Court
Vijay Risbud vs Cbi on 25 August, 2015
Author: Suresh Kait
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 25th August, 2015
+ CRL.M.C. No.5422/2014
VIJAY RISBUD
..... Petitioner
Represented by: Mr.Aditya Chaudhary, Adv
versus
CBI
..... Respondent
Represented by: Mr.Sanjeev Bhandari,
Special Public Prosecutor.
.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioner seeks modifications in the conditions
of the bail order dated 28.05.2003 passed by learned Special Judge.
Learned Special Judge while granting bail to the petitioner vide said order
has imposed following conditions:-
"He shall not influence or tamper with the evidence or
contact the witnesses;
He shall not leave the country without prior permission
of the Court;
He shall surrender his passport, if any and;
He shall participate in the investigation as and when
required."
2. Learned counsel appearing on behalf of the petitioner submits that
the petitioner is retired government servant and makes his ends meet by
working as urban planner consultant and required to travel abroad on
short notices, however because of the time consuming procedure of
seeking prior permission of the Trial Court for travelling abroad, the
petitioner could not undertake certain tours which has resulted in
irreparable financial and professional loss to the petitioner.
3. On perusal of the petition, the petitioner has given some instances
in para Nos.7 to 10 and thereafter also filed affidavit dated 04.12.2014
wherein he has narrated some of the instances which he could not avail
the opportunities.
4. Learned counsel appearing on behalf of respondent has strongly
opposed the present petition and submits that he may flee from judicial
process, if the blanket relief is granted to the petitioner. If this Court is
inclined to modify the bail order conditions, such conditions may be
imposed so that he will not cause any delay in trial and attend the Court
on date fixed.
5. After hearing learned counsel for parties and going through the
affidavit, it is apparent that petitioner has missed many opportunities to go
abroad and to attend the calls of his clients.
6. In view of above, I hereby modify the order dated 28.05.2003
passed by learned Special Judge as under:-
A) The petitioner shall deposit a sum of Rs.10.00 Lac in the
form of Fixed Deposit Receipt in the name of learned Trial Court
which shall be considered a security and will remain with learned
Trial Court during pendency of the matter;
B) Petitioner shall furnish his address and itinerary where he
would stay and visit during abroad visits;
C) The petitioner shall adhere to the schedule and would not
extend his stay;
D) Prior to going abroad, he will given information to the
learned Trial Court by moving the appropriate application and on
return from abroad, on the very next working day, he will inform
the learned Trial Court about returning to India;
E) It is made clear that he will appear on each and every date of
hearing and will not make his tour programme on the date fixed
before learned Trial Court; and
F) The Passport of the petitioner shall be returned to him. In
case of renewal of the passport, the photocopy of the renewed
passport shall be filed along with the itinerary application before
learned Trial Court.
7. In view of above terms, instant petition is allowed and disposed of.
8. A copy of this order be given dasti to the learned counsel for the
petitioner.
SURESH KAIT
(JUDGE)
AUGUST 25, 2015
M
