Lavina Gupta v. CBI

1. Vide order dated 12.07.2010 the petitioner was granted bail by this Court while imposing condition that the petitioner shall furnish personal bond in the sum of 11,00,000/- with one surety in the like amount to the satisfaction ofthe concerned court. Further, that the petitioner shall not leave the country without prior permission of the trial court and that she shall not in any manner interfere with the investigations and influence the witness.

2. Mr. Sudhir Nandrajog, learned Senior Counsel for the petitioner submits that the applicant/accused was arrested on 29.04.2010. She was granted bail on 04.06.2010. No charge sheethas yet beenfiled bythe CBI.

3. Further, he submits that there are absolutely no restrictions imposed on other two co-accused to go abroad including the main accused who is a public servant, namely, Shri Radhey Shyam Sharma in their bail order dated 29.06.2010 passed by the 2011:DHC:15419 f J' trial court. Further submits, the applicant has already travelled abroad on27.10.2010 to 03.11.2010 with the permission ofthe learned Special Judge, CBI vide order dated 21.09.2010. The applicant never misused the concession granted by the court and she always cooperated with the prosecution and there is no complaint of misuse of interim bail/bails granted to her. The petitioner has sought following reliefs by filing the present petition: (a) To dispense with the restriction contained in the Bail Order dated 12.07.2010 that the applicant 'shall not leave the country without prior permission ofthe trial court'. (b) To direct the CBI to permanently release/return the Passport ofthe applicant to her.

4. Ld. Senior Counsel for the petitioner has argued that the husband of the petitioner is a technocrat and is in the business of manufacturing the bullet proof jackets and other security related equipments and the petitioner is also atechnocrat and is aqualified engineer. Since she helps her husband in the business, therefore, she has to go abroad frequently.

5. Since, qua the two accused, namely, Shri Radhey Shyam Sharma and Shri R.K. Gupta, bail was granted by the trial court without imposing any such conditions. Therefore, he is seeking the same conditions to be imposed on the petitioner also.

6. Accordingly, he further submits that order dated 12.07.2010 be also modified to the extent that the petitioner can leave the country without the prior permission ofthe court.

7. On parity, Imodify the order dated 04.06.2010 and order dated 12.07.2010 and grant prayer (a) and (b) in favour of Petitioner, subject to the petitioner furnishing itinerary ofthe tour going abroad before the learned trial judge at least one week before leaving India. The petitioner shall also report to the trial court on arrival from abroad.

8. Crl. M.C.No. 1203/2011 is disposed of in the aforesaid terms.

9. A copy ofthisorder begiven dasti.

SURESH KAIT,J JULY 14,2011 RS