Md. Basheeruddin Ansari , Mohammed Raheemuddin Ansari v. Central Bureau Of Investigation (CBI)
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.6700 of 2016 ORDER:
The present Criminal Petition is filed under Section 482 of Cr.P.C. seeking relaxation of the conditions imposed while granting anticipatory bail on 19.07.2002 in Crl.M.P.No.1873 of 2002 on the file of the Special Judge for Economic Offences, Hyderabad, for a period of two months; and to direct the trial Court to release the passport of the petitioner bearing No. B1625443 which was deposited in C.C.No.1646 of 2005, on the file of the XIV Additional Chief Metropolitan Magistrate, Hyderabad.
The petitioner herein along with others was granted anticipatory bail on 19.07.2002 in Crime No.10 (E)/97, Hyderabad CBI, registered for an offence punishable under Section 23 of the Foreign Contribution Regulation Act, 1976. While granting anticipatory bail, the learned Special Judge for Economic Offences, Hyderabad, imposed the following conditions.
1. The petitioners shall not leave the country without prior permission from this Court.
2. The petitioners shall make themselves available for interrogation before the C.B.I. authorities, Hyderabad, as and when required by them.
3. The petitioners shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade the said person from disclosing such facts to the Court or to the Investigating Officers.
4. The petitioners shall deposit their passports before the Superintendent, C.B.I., Hyderabad by 22.07.2002 and in the event of arrest of the petitioners, the petitioners shall be released on bail on their executing a personal bond for Rs.2,00,000/- with one
surety for the like sum.
Learned counsel for the petitioner submits that the petitioner seeks release of passport only for a period two months, as he being a pious muslim religious leader has been performing UMRAH (the holy pilgrimage) every year without fail. The petitioner has been seeking directions every year for return of the passport for the purpose of obtaining VISA and resubmitting the same after visiting and undertaking UMRAH every year.
As seen from the record, earlier, this court by its order dated 17.06.2015 passed in Crl.P.No.5002 of 2015 relaxed the conditions for a period of two months by permitting the petitioner to leave the Country after obtaining necessary VISA and also for return of the passport on certain terms and conditions. In view of the earlier order passed by this Court in Crl.P.No.5002 of 2015, dated 17.06.2015, the request of the petitioner can be considered on certain terms and conditions. Accordingly, the Criminal petition is allowed and the condition imposed by the learned Special Judge for Economic Offences, Hyderabad, through order dated 19.07.2002 passed in Crl.M.P.No.1873 of 2002 is hereby relaxed for a period of two months by permitting the petitioner to leave country by taking back the passport from the learned Magistrate subject to execution of a bond on a stamp paper worth of Rs.100/- a security worth for Rs.50,000/- by cash or F.D.R. or immovable property with title deed deposit with an undertaking to appear and resubmit the passport.
For any non-compliance, the security or its value by realization will be forfeited. _________________________ JUSTICE C. PRAVEEN KUMAR
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