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2017 DIGILAW 831 (SC)

GANAPATI RAMNATH v. STATE OF BIHAR

2017-05-04

J.CHELAMESWAR, S.ABDUL NAZEER

body2017
ORDER CrlMPs for modification of Court's order dated 11.10.2004 were filed with the prayer as follows:- It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: (a) Pass an order(as was graciously done on earlier six occasions) directing the release of passport of the Applicant(Passport No. O-109332 issued by PRO, Chennai, valid up to 08/06/2025) for a period of 6 months from the release of the passport against a moderate surety, and upon return, surrender the passport, before the Special Judge, CBI, Patna in connection with RC Case No. 42(A)/97 and RC 27(A)/97 to enable the applicant to travel abroad for medical treatment, subject to terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and/or, (b) Pass an order modifying/relaxing the condition of bail as imposed in Criminal Appeal Nos. 1187 and 1188 of 2004 dated 11/10/2004; and/or (c) Pass such other Order as may deem fit and necessary in the circumstances of the case.” 2. The applicant is an accused in the case registered under the Prevention of Corruption Act. The trial is pending for almost 15 years. He is on bail all this time. 3. Bail was granted subject to the condition that the applicant surrendered is passport. Accordingly, his passport was surrendered. Subsequently, on more than one occasion, the applicant was allowed to travel abroad on the ground of medical necessity. It appears from the material before us that in the last 15 years, he availed the benefit six times under the orders of this Court. On each occasion he returned. 4. This is one more application on the same ground. Having regard to the facts and circumstances, we deem it appropriate to allow the application as prayed for subject to the same conditions as were passed by this Court by an earlier order dated 14.5.2015. Annex a copy of the order dated 14.5.2015 with this order. Ordered accordingly.