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Judgment
Jyotsna Rewal Dua, J
Reply filed, which is taken on record.
The petitioner was granted regular bail vide judgment dated 24.09.2020 passed in Cr.MP(M) No.1162 of 2020. The bail petition was allowed subject to following conditions:-
“Therefore, present bail petition is allowed and the petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.1,00,00,000/- (Rupees One Crore only) with two local sureties, each in the amount of Rs.25,00,000/- (Rupees Twenty Five Lacs only) to the satisfaction of the learned trial Court/Special Judge (CBI), Shimla, subject to the following conditions:-
(i). Petitioner shall cooperate with the investigation, shall join the investigation and make himself available for interrogation as and when called by the Investigating Agency in accordance with law.
(ii). Petitioner in any case will report to the Trial Court and the investigating officer once in a fortnight till the investigation in the case is completed in entirety.
(iii). Petitioner shall surrender his passport to the Trial Court, if not surrendered already. He shall not leave India without prior permission of the Court. Petitioner shall intimate the investigating agency about the place, where he shall reside during the investigations and the trial. Any change in his place of residence shall be immediately notified by him to the investigating agency.
(iv). Petitioner shall furnish a cell number to the investigating officer on which he can be contacted at any time. He shall also ensure that the number remains active and switched on at all times. He shall submit details of his Aadhar Card and other proofs of identity with the investigating agency.
(v). Petitioner shall not temper with the prosecution evidence or hamper the investigation in any manner whatsoever.
(vi). Petitioner shall not make any inducement, threat or promise directly or indirectly to the investigating officer, to the witnesses or to any other person acquainted with the facts of the case to dissuade him from disclosing such facts to the Courts or any Police Officer. Petitioner shall not maintain any direct or indirect contact with officials of bank/ education department/private educational institutions concerned with the case. Petitioner shall not directly or indirectly contact the employees of K.C. Group of Institutions involved in the case. Petitioner shall not deal with any record relevant to the case. He shall not prejudice the proceedings in the matter.
(vii). Petitioner shall attend trial on each and every hearing unless exempted by the Court, in accordance with law.”
In the instant petition, prayer has been made for easing condition No.(ii) extracted above, in terms of which, the petitioner has to report to the learned Trial Court and the Investigating Officer once in a fortnight till the investigation in the case is completed in entirety. Learned counsel for the petitioner submitted that the challan as well as supplementary challan in respect of the petitioner and other co-accused have already been filed before the Court of learned Special Judge (CBI), Shimla. Learned Trial Court has taken cognizance of the matter on 22.07.2021. Therefore, the petitioner has prayed for exemption from reporting to the Investigating Officer.
It is seen from the record that the petitioner had earlier moved an application before the learned Special Judge, CBI, Shimla, under Section 439(2) of the Code of Criminal Procedure with the prayer that the order dated 24. 09.2020 passed in Cr.MP(M) No.1162 of 2020 be modified to the extent of exempting him from reporting to the Investigating Officer once in a fortnight and further that he will report to the office of CBI at Chandigarh instead of Shimla. The application was dismissed by the learned Special Judge (CBI), Shimla vide order dated 21.10.2021, compelling the petitioner to file the instant petition.
In the reply filed to the petition, the respondent has submitted that the petitioner is already availing facility of appearing before the Investigating Officer, CBI Office at Chandigarh. It has also been submitted that the petitioner had appeared many times in past before the Investigating Officer at Chandigarh.
In view of the above reply, it seems that the respondent has itself eased condition No.(ii) of the bail order and had permitted the petitioner to appear before the Investigating Officer at CBI Office, Chandigarh. Considering the fact that the learned Trial Court has already taken cognizance of the matter on 22.07.2021, but also keeping in view the various factors discussed in the order dated 24.09.2020, it would not be appropriate to completely exempt condition No.(ii) of the aforesaid bail order. Condition No.(ii) is, however, modified to the extent that the petitioner will report to the learned Trial Court on the date(s) fixed by it and to the Investigating Officer once in six weeks.
The petition is disposed of in the above terms, so also the pending miscellaneous application(s), if any.