TaxTMI 
TaxTMI 
2025 (8) TMI 1295
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.....1 - Central Bureau of Investigation (EOB) (for short 'CBI') in CBI Special Case No.1643 of 2021. Application seeks modification of order dated 21.12.2022 passed by this Court (Coram: Bharati Dangre, J.) in Anticipatory Bail Application No.960 of 2022 to the extent of deletion of condition Nos.(c) and (d) stated in that order as conditions for bail qua the Applicant before me. It is seen that the order dated 21.12.2022 was a common order passed in 2 Bail Applications and 4 Anticipatory Bail Applications moved by Applicants in the said case. 3. Dr. Kantawala, learned Advocate would submit that Applicant was not arrested during investigation and his cooperation / availability for investigation with Respondent No.1 - CBI for purpose of investigation is not in dispute. He would submit that learned Trial Court after taking cognizance of order dated 15.02.2022 passed by this Court in Anticipatory Bail Application No.960 of 2022 issued summons to Applicant to appear on 04.04.2022 for investigation. He would submit that Applicant filed exemption Application for personal appearance on that date through his Advocate which was rejected and non-bailable warrant was issued against Applicant.....
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....f passport and sought permission of Court to travel abroad for his business purposes, family purposes and his medical check-up / follow up.; (v) That not even once Applicant has derelicted or given an opportunity to prosecution and has always complied with all conditions of travel and returned back considering that Applicant has substantial business interests, property and his family living in Mumbai / India. (vi) That according to Applicant the twin conditions are onerous to in as much as Applicant is required to travel abroad for his business purposes and most importantly for his medical check-up/ follow up visits repeatedly at very short notice and it is extremely cumbersome for Applicant to approach the Court every time at the 11th hour for release of his passport and for seeking permission to travel abroad since this exercise is time consuming and on most occasions due to delay it leads to failure of his business meetings and cancellation of medical appointments; (vii) Lastly, Applicant would submit that it is settled position of law concluded by Supreme Court in a subsequent judgment dated 16.05.2024 in the case of Tarsem Lal Vs. Directorate of Enfo....
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.... be called as a fetter on the freedom to travel of Applicant. He would submit that whenever Applicant has approached the Special Court, it has granted permission to Applicant to travel abroad. 5. In his usual fairness, Mr. Patil would submit that in so far as multiple visits undertaken by Applicant abroad are concerned, it is an admitted fact that he has always complied with the conditions imposed and always returned back on time. He would fairly submit that it is not in dispute that Applicant was never arrested when he was interrogated during the course of investigation or that he has not participated in investigation. He would submit that reliance of Applicant on the decision of Supreme Court cannot be indicative of the proposition that if the accused is not arrested during the course of investigation he can never be arrested on filing of the charge-sheet as such a case would vary on the facts and circumstances of each case. Hence he would submit that this Court be pleased to pass appropriate orders and in the event if inclined to grant the Application for modification may significantly ensure that the prosecution is always in the know-how of the whereabouts of Applicant as an....
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....his business trips / medical check-up visits is lost because of the delay which occurs in the legal system from the point of Applicant making Application for seeking release of his passport until the Trial Court passes the order and Applicant receives it in his hand, Applicant's case is that in case of emergency and exigency when Applicant is required to travel abroad for the reasons, due to consumption of time either his schedule cannot be followed or complied with or his appointments get cancelled as there is very little time available on Applicant's hand to approach the Court for seeking release of his passport and permission to travel abroad. 9. That apart, in so far as travelling abroad for his medical check-up and follow-up visits are concerned, those visits critically depend upon availability of appointment of doctors who are treating the Applicant in Singapore for his kidney ailment and when such appointments are received at short notice undoubtedly it is a cumbersome on the part of Applicant to immediately undertake the process of applying for release of passport and seek permission to travel abroad within a short period of time which at many a times becomes impossible ....
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....einbefore provided." 14. The operative conclusion in the said decision is contained in paragraph No.23 wherein the Supreme Court has held that an order accepting bonds under Section 88 of Cr.P.C. does not amount to grant of bail. It is seen that the object of Section 88 of Cr.P.C. is to ensure appearance of a person in Court and the only condition contemplated in Section 88 is for such person to execute a bond with or without sureties. In the case of Applicant before me due to interim order dated 15.02.2022 he was issued summons to appear on 04.04.2022 and hence he could not have been taken into custody. However because of a subsequent development of some co-accused persons having been taken into custody, the Applicant was constrained to file Anticipatory Bail Application. It is in this background that Anticipatory Bail Application filed by Applicant was heard and bail was granted with conditions imposed in the said order. 15. Considering the aforesaid background and submissions advanced by Dr. Kantawala about the application of the ratio of the Supreme Court order in the case of Tarsem Lal (supra) to the facts of the present case, it is seen that Applicant was not arrested t....