Supreme Court - Daily Orders
Ganapati Ramnath vs State Of Bihar on 14 May, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Shiva Kirti Singh
Crl.A. No. 1187 of 2004
ITEM NO.1 COURT NO.7 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL MISCELLANEOUS PETITION NO. 6377/2015 AND
CRIMINAL MISCELLANEOUS PETITION NO.6378/2015
in
Criminal Appeal No. 1187/2004
GANAPATI RAMNATH Appellant(s)
VERSUS
STATE OF BIHAR & ANR. Respondent(s)
(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)
Date : 14/05/2015 These Miscellaneous Petitions were called on for
hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Appellant(s) Mr. K.V. Vishwanathan, Sr. Adv.
Mr. Shishir Pinaki, Adv.
Mr. Anuj Prakash, Adv.
Mr. Vivek Kumar, Adv.
Mr. Sanjay Jain, A.O.R.
For Respondent(s) Mr. Shreyas Jain, Adv.
For State Ms. Pallavi Garg, Adv.
Signature Not Verified
Ms. Rashmi Shrivastav, Adv.
Digitally signed by
Kalyani Gupta
Date: 2015.05.18
Mr. Gopal Singh, A.O.R.
17:12:07 IST
Reason:
For C.B.I. Mr. Rajiv Nanda, Adv.
Mr. P. Parmeswaran, A.O.R.(NP)
PAGE NO. 1of 4
Crl.A. No. 1187 of 2004
UPON hearing counsel the Court made the following
O R D E R
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.
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.
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 PAGE NO. 2of 4 Crl.A. No. 1187 of 2004 along with the application which suggests that the appellant/applicant has to undertake special treatment in the United States.
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. 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.
PAGE NO. 3of 4 Crl.A. No. 1187 of 2004 The Criminal Miscellaneous Petitions are disposed of.
[KALYANI GUPTA] [SHARDA KAPOOR]
COURT MASTER COURT MASTER
PAGE NO. 4of 4