Jharkhand High Court
Rakesh Kumar Singhania vs The State Of Jharkhand Through C.B.I ... on 5 October, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3132 of 2018
Rakesh Kumar Singhania ...... Petitioner
Versus
The State of Jharkhand through C.B.I ...... Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner :Mr. Pandey Neeraj Rai, Advocate For the C.B.I :Mr. Rajiv Sinha, A.S.G.I ...........
06/Dated: 05/10/2018 The instant Cr.M.P has been filed for modifying and altering the conditions imposed by order dated 03.08.2018 granting anticipatory bail to the petitioner in A.B.A. No. 2162 of 2018 in connection with R.C. Case No. 7(S)/2010-AHD-R pending in the Court of Shri M.K. Sharma, learned S.D.J.M,-cum-Special J.M, C.B.I, Ranchi.
It appears that under order dated 03.08.2018 the petitioner was granted anticipatory bail in A.B.A. No. 2162 of 2018 in which one of the condition was that the petitioner will deposit his passport, if any, in the court below.
A supplementary affidavit has been filed on behalf of the petitioner in which para 2 reads as under:
"That the petitioner is under an obligation to attend the learned court at Ranchi on each and every date personally, which he shall abide. At the same time the visits to foreign countries, without at all deviating f rom the aforesaid obligation, are necessary. Hence, by way of this affidavit the petitioner is brining on record the particulars of proposed foreigin visits which is required to be undertaken in the forthcoming three months:
S.No. Date of From: To: Date of Proposed
Departure Return to Stayal:
from India India:
1 7.10.2018 Kolkata Singapore 12.10.2018 5
2 20.10.2018 Kolkata- Benin (West 02.11.2018 13
Mumbai Africa)
3 11.11.2018 Kolkata Singapore 17.11.2018 6
4 19.11.2018 Kolkata- Niger (West 09.12.2018 20
Mumbai Africa)
5 21.12.2018 Kolkata Singapore 05.01.2019 15
So, considering the aforesaid facts, a direction may be issued to the trial court to release the passport of the petitioner.
Learned counsel for the C.B.I opposes the prayer made on behalf of the petitioner and after taking instruction has submitted that charge has not been framed.
Considering the facts that the civil court is going to be closed in annual vacation and charge has not been framed till date, the trial court/Special Judge, C.B.I, Ranchi is directed to release the passport of the petitioner, forthwith. The petitioner is directed to furnish indemnity bond of Rs. 5,00,000/-(Rs. Five lac) before the trial court, thereafter the original passport will be released in favour of the petitioner and Xerox copy of passport will be kept on record. Further, the petitioner is directed to deposit the original passport before the trial court/Special Judge, C,B.I on 08.01.2019 as his foreign visits ends on 05.01.2019.
The trial court is directed to submit report as to whether petitioner has complied the order by depositing the passport within stipulated time or not.
Further, learned counsel for the petitioner is also directed to file affidavit before this Court with regard to compliance of order of this Court by the petitioner.
Cr.M.P. No. 3132 of 2018 stands allowed.
List this case on 16.01.2019.
Let a copy of this order be communicated to the concerned trial court through FAX at once and a copy of this order be handed over to the learned counsel for the C.B.I. Satyarthi/- (Anant Bijay Singh, J.)