TaxTMI 
TaxTMI 
2019 (2) TMI 1981
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....ction of the Investigating Agency subject to terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. Thereafter, the case came up for hearing on 21.11.2017 and the following order was passed:- "As admitted by learned counsel representing CBI, petitioners have not ever been called for joining the investigation and CBI has arrested a student of the school as main accused for murder of Pradyumn and is concentrating on his role in committing the crime." 2. Thereafter, the interim order of bail was made absolute by this Court vide order dated 21.11.2017 with the following conditions:- "i. That the petitioners shall make themselves available for interrogation by the investigating agency as and when required; ii. That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to investigating agency. iii. That the petitioners shall not leave India without the prior permission of the Court. iv. That the petitioners will seek regula....
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.... the Investigating Agency against the petitioner to show his involvement with the alleged commission of offence. Learned senior counsel further submits that in spite of having sufficient long time, the Investigating Agency has not collected any incriminating material against the petitioner. He also submits that the charge sheet was filed in the month of February, 2018 but no specific averment has been made with regard to role of the petitioner. At the last, it has been submitted that further investigation in the case has been kept open under Section 173(8) Cr.P.C and the result of further investigation is to be submitted to the Court in due course of time. Learned senior counsel also submits that the petitioner has been summoned as a witness and not as an accused. No substantial evidence has been collected for his involvement in the commission of offence. Learned senior counsel further submits that the petitioner has to approach the Court repeatedly for seeking permission to travel abroad, which is not only the wastage of time of the Court but the Investigating Agency exercises its discretion to oppose such permission. Learned counsel also submits that the petitioner is a frequent ....
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....ndition of taking prior permission of the Court to travel abroad. Section 437 of the Cr.P.C is reproduced as under:- 437. When bail may be taken in case of non-bailable offence.-(1) When any person accused of, or suspected of, the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but- (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of [a cognizable offence punishable with imprisonment for three years or more but not less than seven years]; Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be releas....
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.... as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. (4) An officer or a Court releasing any person on bail under sub-section (1) or sub- section (2), shall record in writing his or its reasons or special seasons for so doing. (5) Any Court which has released a person on bail under sub- section (1) or sub- section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is deliv....
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.... forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court. (1B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from ....
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....se conditions while granting bail to the person accused or suspected of commission of such offence." 13. Sub sec. (3) of Section 437 of the Code requires the Magistrate or Court to impose conditions while granting bail to the petitioner. While granting bail, the Court has to ensure that the accused or person suspected of commission of the offence is available for investigation, enquiry and trial. To ensure that, the Court may impose certain conditions on such person while releasing him/her on bail. In non bailable offences falling outside the scope of sub-sec. (3) of Sec. 437 of the Code, the power to impose condition is discretionary. 14. The expression "personal liberty" is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of a person. The Supreme Court, in Satwant Singh v. Asst. Passport Officer [(1967) 3 SCR 525] held that "personal liberty" guaranteed under Article 21 Crl. M.C. No. 1734 of 2011 encompassed a right of locomotion, of the right to travel abroad. Every citizen living in India has a fundamental right to travel, even outside India. Refusal by the Government to issue a passport without a valid law prescribing ....
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....s have to take extreme care in imposing such condition. It cannot mechanically, and in every case where an accused has a passport impose a condition for its surrender. Law presumes an accused to be innocent till he is declared guilty. As a presumably innocent person he is entitled to all the fundamental rights guaranteed to him under the Constitution. At the same time, interest of the society has also to be protected. The court has to strike a balance between personal liberty of the accused guaranteed under Article 21 of the Constitution, investigation rights of the police. The criminal court has to consider possibility of the accused if released on bail, fleeing justice and thereby thwarting the course of justice which affects the majesty of the law, as also the individual rights of the accused. The court has to consider antecedents of the person accused or suspected of commission of the offence, nature of the offence he is said to have committed, necessity for his presence for investigation, duration of investigation and such other relevant factors. The court has to decide whether notwithstanding the personal liberty of the accused, interest of justice required that his right of ....