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Judgment
Petitioner has aggrieved by trial court's order of 1st February, 2019 vide which respondent has been allowed to travel abroad upon furnishing of FDR/Bank Guarantee of Rs. 2 Crores.
Learned Special Public Prosecutor for CBI draws the attention of this Court to order of 18th December, 2018 (Annexure A-4) of co-accused-Pradeep, vide which a Coordinate Bench of this Court has allowed the co-accused-Pradeep to travel abroad upon furnishing of FDR/Bank Guarantee of Rs. 6 Crores and so, it is submitted that on parity basis impugned order deserves to be modified while requiring respondent to furnish FDR/Bank Guarantee of Rs. 6 Crores.
On the contrary, learned counsel for respondent submits that condition of furnishing of FDR/Bank Guarantee of Rs. 2 Crores is unjustified as liberty of an accused cannot be curtailed. It is submitted that respondent has filed an application before the trial court to reduce the FDR/Bank Guarantee amount from Rs. 2 Crores to Rs. 50,00,000/- as on earlier occasions, respondent has travelled abroad while furnishing FDR/Bank Guarantee of Rs. 50,00,000/-.
Upon hearing, on perusal of impugned order, order of 18th December, 2018 (Annexure A-4), reply of respondent and the material on record, I find that respondent was allowed to travel abroad earlier while furnishing FDR/Bank Guarantee of Rs. 50,00,000/- but to maintain parity with co-accused-Pradeep, respondent has to now furnishing FDR/Bank Guarantee of Rs. 6 Crores as the case of respondent and co-accused-Pradeep is said to be at par. In the reply filed by respondent it is not stated that respondent is not able to furnish the FDR/Bank Guarantee of Rs. 6 Crores.
In the facts and circumstances of this case, it deemed appropriate to put respondent at par with co-accused-Pradeep. Thus, impugned order of 1st February, 2019 is modified to enhance the FDR/Bank Guarantee amount from Rs. 2 Crores to Rs. 6 Crores.
With aforesaid modification, this petition and application are accordingly disposed of.
A copy of this order be given dasti to learned counsel for the parties under the signatures of Court Master.