Oral order disposing of a bail modification petition by granting liberty to approach the trial court for modifications, after petitioner failed to approach the trial court for the same.
Liberty to approach the concerned Special Judge, CBI for modification of the bail order dated 19.04.2018.
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202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.24470 of 2021(O&M) Date of Decision: 20.01.2023
Naveen Rao
-Petitioner
Versus
Central Bureau of Investigation ACB Chandigarh
-Respondent
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present: Mr. Sumit Aggarwal, Advocate for the petitioner.
Mr. Rajeev Anand, A.P.P., U.T., Chandigarh.
RAJ MOHAN SINGH, J. (Oral)
The petitioner has preferred this petition for modification of conditions of bail incorporated in the order dated 19.04.2018 passed by the Special Judge, CBI, Panchkula.
Perusal of order dated 19.04.2018 would show that the bail was granted to the petitioner subject to the conditions of furnishing bail bonds in the sum of Rs.5 lacs with 2 sureties in the like amount to the satisfaction of the concerned Court and further subject to the condition that the petitioner shall not try to contact any of the prosecution witnesses in any manner whatsoever during the course of trial and shall not leave the country without prior permission of the Court. It was also
PRINCE SAINI 2023.01.20 14:36 I attest to the accuracy and authenticity of this order/judgment
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directed that the petitioner shall regularly attend the Court and will not seek unnecessary adjournments.
After passing of the order, the petitioner did not comply with the order and his bail was cancelled vide order dated 31.05.2018 passed by the Special Judge, CBI, Haryana and surety bonds were cancelled and forfeited to the State on account of his non-appearance and non-bailable warrants were issued.
The aforesaid order dated 31.05.2018 was challenged by the petitioner in CRM-M No.29461 of 2018 before this Court and the same was allowed and the petitioner was directed to appear before the trial Court on 19.07.2018 for furnishing an undertaking that he will attend the Court proceedings regularly and will not leave the country without prior permission of the Court and abide by all terms and conditions imposed by the trial Court. The petitioner was directed to be released by the trial Court on furnishing adequate surety/bail bonds to the satisfaction of the trial Court subject to payment of costs of Rs.25,000/- to be deposited with the trial Court.
Perusal of the aforesaid order dated 18.07.2018 in a way shows that the conditions of bail as imposed by the trial Court vide order dated 19.04.2018 were reiterated.
The petitioner has not approached the Court of
PRINCE SAINI 2023.01.20 14:36 I attest to the accuracy and authenticity of this order/judgment
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Special Judge, CBI, therefore, this petition is disposed of with a liberty to the petitioner to approach the concerned Court for modification of the order dated 19.04.2018 in accordance with law.
20.01.2023 (RAJ MOHAN SINGH) Prince JUDGE 1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No
PRINCE SAINI 2023.01.20 14:36 I attest to the accuracy and authenticity of this order/judgment
Naveen Rao
Central Bureau of Investigation
RAJ MOHAN SINGH
As recorded by the court registry
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