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Judgment
Venkata Jyothirmai Pratapa, J
The Criminal Petition under Section 439(1) of Cr.P.C., has been filed by the petitioner herein, seeking modification of the condition in the order vide Crl.M.P.No.1070 of 2023 in Crl.M.P.No.880 of 2023 in R.C.18 (A)/2023/CBI/ACB/ Visakhapatnam, dated 22.11.2023.
Originally, the petitioner herein has filed petition for grant of bail in R.C.18 (A)/2023/CBI/ACB/Visakhapatnam before the Principal Special Judge for CBI Cases, Visakhapatnam. By an order, dated 19.09.2023 in Crl.M.P.No.880 of 2023, the learned Principal Special Judge for C.B.I., Cases, Visakhapatnam allowed the said petition by imposing certain conditions. Subsequently, the petitioner has filed Crl.M.P.N.1070 of 2023 in Crl.M.P.No.880 of 2023 before the Special Court for relaxation of the condition ‘to appear before the Respondent/CBI at Visakhapatnam on every Saturday between 10.00 a.m., and 5.00 p.m., until further orders’.
The condition imposed in Crl.M.P.No.880 of 2023 was modified by learned Special Judge vide order dated 22.11.2023 in Crl.M.P.No.1070 of 2023,‘to appear before the Respondent/CBI at Visakhapatnam on every 4th Saturday of a month between 10.00 a.m., and 5.00 p.m., until further orders’.
Now the present petition is filed by the petitioner to relax the condition ‘to appear before the Respondent/CBI at Visakhapatnam on every 4th Saturday of a month between 10.00 a.m., and 5.00 p.m., until further orders’ imposed in Crl.M.P.No.1070 of 2023, dated 22.11.2023.
Heard Sri Posani Venkateswarlu, learned Senior counsel representing Sri P.Vivek, learned counsel for the petitioner and learned Central Government Counsel.
Learned Counsel would submit that the petitioner has been complying the condition, it is difficult for him to appear before the Investigating Officer, he was released on bail on 19.09.2023, prays to relax the condition.
Per contra, learned Central Government Counsel would submit that the petitioner is not co-operating with the investigation, not giving proper answers to the queries by the Investigating Officer. Learned counsel fairly considered that the petitioner has been complying the condition ‘to appear before the Respondent/CBI at Visakhapatnam on every 4th Saturday’.
In that view, since the petitioner has been obeying the condition imposed vide orders dated 22.11.2023 in Crl.M.P.No.1070 of 2023. Since the trial may take some time, the criminal petition is allowed and the condition ‘to appear before the Respondent/CBI at Visakhapatnam on every 4th Saturday of a month between 10.00 a.m., and 5.00 p.m., until further orders’, is hereby relaxed.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.