Mahendra Kumar Bothra v. Central Bureau Of Investigation And ANR

appln.511-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 511 OF 2017 Mahendra Kumar Bothra ..Applicant Vs Central Bureau of Investigation & Anr ..Respondents ----- Ms. Dimple Shah for applicant.

Mr. H.S. Venegavkar for respondent No.1.

Ms. J.S. Lohokare, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 16th July 2018.

P.C.:

1] This is an application for modification of condition No.4 imposed upon the applicant by the learned Special Judge (C.B.I.), Mumbai in CBI Special Case No.357/CPW/2009 by its Order dated 25.11.2016. The said condition No.4 reads as under:- "Applicant is directed not to leave Mumbai without prior permission of learned Magistrate."

2] The learned Counsel for the applicant submitted that, after his release from jail the applicant has taken up a job in GDN Company situated at Delhi- NCR and he has to attend the Office of this Company very 1/2

appln.511-2017.doc frequently. That the applicant is employed as Vice President ( Business Development and Strategy) in the said Company. That after his release from the jail, the applicant is regularly attending all the dates before the Trial Court and till date has not committed breach of the aforesated condition.

3] In view of the above and for the reasons stated in the application, I am inclined to modify the said condition. Hence the following Order:

(i) The condition No.4 imposed upon the applicant is hereby waived.

(ii) Applicant is directed to attend all dates before the Trial Court unless precluded for medical reasons.

(iii) Applicant is directed, not to leave India without seeking prior permission from the Trial Court.

4] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2