(Fakkir Mohamed Ibrahim Kalifulla and Shiva Kirti Singh, JJ.)
Ganapati Ramnath ________________________________ Appellant;
v.
State of Bihar and Another ______________________ Respondent(s).
Criminal Miscellaneous Petition No. 6377/2015 And Criminal Miscellaneous Petition No. 6378/2015 In Criminal Appeal No. 1187/2004, decided on May 14, 2015
(For modification/relaxation of the condition of order dated 11.10.2004 and seeking exemption from filing copies of paper books and exemption from filing Official Translation of paper books and office report)
With
Criminal Miscellaneous Petition Nos. 6381 And 6382 of 2015 In Crl.A. No. 1188/2004
[Ganpati Ramnath V. C.B.I.]
(For modification/relaxation of the condition of order dated 11.10.2004 and seeking exemption from filing copies of paper books and exemption from filing official translation of paper books and office report)
Criminal Miscellaneous Petition No. 6377/2015; Criminal Miscellaneous Petition No. 6378/2015; Criminal Appeal No. 1187/2004; Criminal Miscellaneous Petition Nos. 6381 And 6382 of 2015; and Crl.A. No. 1188/2004
The Order of the court was delivered by
Order
1. This application at the instance of the appellant is for a direction to release his passport bearing No. F 4676332 issued by Passport Regional Office, Chennai valid upto 1st September, 2015 for a period of six months against a moderate surety, and upon return, surrender the passport before the Special Judge, C.B.I., Patna in connection with R.C. Case No. 42(A)/97 and RC 27(A)/97 to enable the applicant to travel abroad for medical treatment.
2. The appellant/applicant is 77 years old and earlier also on similar grounds he sought direction of this Court and he was granted such permission and after undergoing the treatment he also duly surrendered the passport. IN fact, one such order was passed on 29th April, 2013.
3. We heard learned counsel for the Central Bureau of Investigation also who has not disputed about such permission granted on earlier occasions. We have also perused the medical record submitted along with the application which suggests that the appellant/applicant has to undertake special treatment in the United States.
4. Therefore, considering the expediency of the medical treatment to be given to the appellant/applicant and having regard to his past conduct, after availing such concessions granted to him he duly surrendered his passport as directed by the Court, on this occasion also we permit the appellant/applicant to go abroad and for that purpose we direct the trial Court to release his passport bearing No. F 4676332 after filing the necessary medical permission as stated in the application. The appellant/applicant is directed to surrender the passport within six months from the date of its release or any time earlier before the Special Judge, C.B.I., Patna in connection with R.C. Case No. 42(A)/97 and RC 27(A)/97.
5. The above order is subject, however, to the appellant/applicant furnishing personal bond in a sum of Rs. 10 Lakhs with one surety of like amount to the satisfaction of the Special Judge, C.B.I., Patna.
6. The Criminal Miscellaneous Petitions are disposed of.
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