TMI Blog2022 (10) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... Similarly the Supreme Court while granting interim bail to the Petitioner has also clarified that the terms and conditions granted by the learned Trial Court would naturally apply to its Order granting interim bail to Petitioner. If the Petitioner desires to travel abroad she is at liberty to seek prior permission of the appropriate/concerned Trial Court, wherein she is charged as an accused - As and when the Petitioner makes any such application for travel abroad, the prosecution/prosecuting agency therein shall be at liberty to press any such ground, including the ground of existence/subsistence of LOC against the Petitioner - Petition disposed off. - CRIMINAL WRIT PETITION NO. 1098 OF 2022 WITH INTERIM APPLICATION NO. 1815 OF 2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the Petitioner for the time period between 13.04.2022 to 05.05.2022 enabling the Petitioner to travel outside India and return without any difficulty. 2. Petitioner has raised the following three grievances:- (i) that passport of Petitioner is seized by CBI on 09.03.2020. She is arraigned as Accused No.7 in RC No.219 of 2020 E 0004 CBI/EO-I/Delhi registered on 07.03.2020. In the same case, Supplementary chargesheet has been filed on 13.07.2021 and the case has been numbered as Special CBI Case No. 830 of 2021. She reasonably apprehends that CBI, may have requested issuance of a Look Out Circular (for short LOC ) against her; (ii) that she is arraigned as Accused No.2 before the Special Judge for Prevention of Money Launder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for Petitioner and Mr. Venegaonkar, Advocate for Respondent Nos. 4 and 5. Perused entire record produced before us. 5. At the outset, it will be worthwhile to refer to and reproduce some of the relevant Orders passed by the Courts in the Petitioner s case which are germane to the issue at hand i.e. if the Petitioner desires to travel abroad. 6. The Petitioner is Accused No.7 in Bail Application 86/BA/2020 in Criminal Case No.355 of 2020. This case is registered by the Central Bureau of Investigation (for short CBI ) under the provisions of Indian Penal Code, 1860 (for short IPC ) read with the provisions of Corruption Act, 1988 (for short PC Act ) against the Petitioner and her family members. By order dated 12.11.2020 Petitioner w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Court rejected the Bail Application of Petitioner alongwith three other accused on various grounds. Petitioner filed Special Leave to Appeal in the Supreme Court against the above Order. By Order dated 07.10.2021, the Supreme Court granted interim bail to the Petitioner and passed the following order:- . In the meantime, the petitioners are granted interim bail with no specific conditions at this stage as the petitioners were granted originally bail/interim bail subject to certain terms and conditions by the trial Court which would naturally equally apply here. 9. From the above, it is clearly discernible that the Supreme Court has granted interim bail to the Petitioner with no specific conditions since the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer before leaving India. 4. Applicant Ms. Roshini Kapoor shall deposit Rs.2,00,000/- as security deposit in this Court. 5. Applicant shall undertake not to indulge in any activity, which will affect the case of the prosecution by influencing prosecution witnesses as well as tampering with the evidence/record and pressurizing the persons connected to the case. 6. The moment applicant Ms. Roshini Kapoor arrives India, she shall report the Investigating Officer and shall also report the complaince to this Court. 7. Respondent-ED to note that, if any activity on the part of applicant Ms. Roshini Kapoor as apprehended by them is noticed, it should be immediately informed to the Court. 8. The applicant shall und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner is withdrawn, she may leave the country and not return back to face proceedings instituted against her. Mr. Venegaonkar, however fairly submitted that considering the Orders passed by the learned Trial Courts, the interim bail Order granted by the Supreme Court and the direction contained therein, in so far as the issue relating to CBI s LOC is concerned, this Court may pass appropriate directions / clarification if so required for travel of Petitioner reserving right of CBI to place its objection for consideration before the trial Court. 13. We have carefully perused the above Orders passed by the learned Trial Court which categorically require the Petitioner to seek its permission before any travel abroad. Similarly the Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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