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        Money Laundering

        2025 (5) TMI 2000 - SCH - Money Laundering

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        Bail conditions may be modified for compliance convenience without altering the substantive grant of bail. Bail conditions may be modified where the change concerns only the mode of compliance and not the substantive grant of bail. The Court relaxed a travel ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Bail conditions may be modified for compliance convenience without altering the substantive grant of bail.

                          Bail conditions may be modified where the change concerns only the mode of compliance and not the substantive grant of bail. The Court relaxed a travel restriction by allowing permission to leave the NCR region to be sought from the Investigating Officer instead of the Trial Court. It also modified the reporting condition so the respondent need not appear every two weeks, but must do so whenever required by the Investigating Officer. The application succeeded only to that limited extent, while the restraint concerning disposal of property remained unchanged.




                          Issues: (i) Whether the bail condition restraining the respondent from leaving the NCR region required modification. (ii) Whether the bail condition requiring the respondent to report once every two weeks to the Investigating Officer required modification.

                          Issue (i): Whether the bail condition restraining the respondent from leaving the NCR region required modification.

                          Analysis: The earlier order had imposed a restriction on travel outside the NCR region, and the request was to relax that condition by changing the mode of permission required for leaving the region. The modification sought did not affect the grant of bail itself but only the supervisory mechanism governing movement during bail.

                          Conclusion: The condition was modified, and permission for leaving the NCR region is to be sought from the Investigating Officer instead of the Trial Court.

                          Issue (ii): Whether the bail condition requiring the respondent to report once every two weeks to the Investigating Officer required modification.

                          Analysis: The Court considered that the reporting obligation could be recalibrated so that physical reporting would arise only when the Investigating Officer requires the respondent's presence. This was treated as a modification of the continuing bail condition rather than a withdrawal of supervision.

                          Conclusion: The condition was modified so that the respondent need not report every two weeks, but must appear before the Investigating Officer whenever required.

                          Final Conclusion: The application succeeded only to the extent of modifying two bail conditions, while the remaining restraint regarding disposal of property was left undisturbed.

                          Ratio Decidendi: Bail conditions may be modified by the court where the alteration is limited to the manner of compliance and does not affect the substantive grant of bail.


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