Vinay Machindranath Kadam vs State Of Gujarat

J.B.Pardiwala, J

Rule returnable forthwith. Mr. R.C. Kodekar, the learned standing counsel, waives service of notice of rule for and on behalf of the CBI. Mr.

Kodekar places on record the affidavit-in-reply. The reply is ordered to be taken on record.

By this application under Article 227 of the Constitution of India, the applicant (original accused) has prayed for the following reliefs;

“(A) Admit and allow this petition.

(B) Set aside and/or modify the condition no.9 (c) that the petitioner has to surrender his passport in the trial court and the condition no.9(d) that the

petitioner shall not leave State of Gujarat without the prior permission of the trial court imposed upon the petitioner while granting bail to him in view of

the bail order dated 16.2.2018 at Annex. B to this petition and recall that part of the said bail order and/or alternatively some orders/directions may be

issued to the Ld. Trial Court / respondent no.2 pending the trial against the petitioner in Special CBI Case No. 36/2000 in the court of Special Judge,

CBI Court No.3, Ahmedabad, that as and when he requires his passport, then by way of submitting a purshish before the trial court, he may be

handed over his passport with a permission to leave India.

(C ) Order that pending trial against the petitioner in Special CBI Case No.36/2000 in the court of Special Judge, CBI Court No.3, Ahmedabad, he

may be allowed to visit Canada with his passport considering the peculiar facts and circumstances of the present case by way of setting aside and/or

modifying for longer period of time with small amount of cash deposit the condition no.9(c) & 9(d) imposed upon the petitioner while granting bail to

him in view of his bail order dated 16.2.2018 at Annex.B to this petition and recall that part of the said bail order and/or alternatively some

orders/direction maybe issued to the Ld. Trial Court/respondent No.2 pending the trial against the petitioner that as and when he requires his

passport,k then by way of submitting a purshish before the trial court, he may be handed over his passport with a permission to leave India.

(D) Order that pending the admission, hearing and final disposal of this petition and pending the trial against the petitioner in Special CBI Case

No.36/2000 in the court of Special Judge, CBI Court No.3, Ahmedabad, the petitioner may be allowed to visit Canada with his passport considering

the peculiar facts and circumstances of the present case by way of suspending for longer period of time with small amount of cash deposit the

condition no.9(c) & 9(d) imposed upon the petitioner while granting bail to him in view of the bail order dated 16.2.2018 at Annex.B to this petition and

recall that part of the said bail order and/or alternatively some orders/directions may be issued to the Ld. Trial Court pending the trial against the

petitioner that as and when he requires his passport, then by way of submitting a purshish before the trial court, he may be handed over his passport

with a permission to leave India.

(E) Quash and set aside and/or modify the order of the trial court at Annex.H to the extend and in terms of prayers in para 8A, B,C & D hereinabove;

and

(F) Pass such order/s as thought fit in the interest of justice.â€​

I take notice of the order, modification of which is prayed for, passed by the Special Judge, CBI Court No.3, Ahmedabad dated 23rd October, 2019

in the CBI Criminal Misc. Application No.202 of 2019. Para-8 of the order and the operative part of the order reads thus;

“8. I have heard the arguments of both the learned advocates and perused application and its annexures. It transpires that the applicant is an

accused in connection with FIR being RC-12(E)/1997/CBI/BS&FC/Mumbai dated 12.11.1997, registered with CBI, BS & FC. The applicant had

moved Criminal Misc. Application No.2396 of 2018 before the Hon'ble High Court seeking regular bail and while granting regular bail the Hon'ble

High Court has imposed a condition that the applicant shall not leave the State of Gujarat without taking prior permission of this Court and the trial

court could delete/modify/relax any of the conditions in accordance with law. The applicant belongs to Goa and also Canada. According to him, he is

required to go to Canada to attend/meet the authorities in Alberta to realign the financial support which the applicant receives from Alberta, Canada.

He is ready and willing to abide by any terms and conditions that may be imposed by this Court and therefore, the application may be allowed. So far

as the objection raised by the learned PP, it would be just and proper to impose suitable conditions while permitting the applicant to go abroad. Further,

it also transpires from the record that the applicant has stated in the application, the address and contact number of the place of his stay at Canada. It

is also to be noted that Special Case No.30/2000 pending before this Court would take its own time to proceed and hence, there would be no hitch if

the applicant is permitted to visit Canada for a short period for the said purpose and hence, I pass the following order:-

ORDER

1) The application of the applicant- Vinay Machindranath Kadam in RC No.12(E)/1997/CBI/BS&FC/Mumbai (CBI Special Case No.36/2000) is

allowed.

2) The applicant is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakh Only) with the office of this Court as Security Deposit.

3) The applicant is permitted to leave the State of Gujarat and travel to Canada upto dt. 25.02.2020.

4) On his return the applicant shall surrender his passport before this Court, as early as possible.

5) After ensuring for the said security deposit of Rs.5,00,000/- (Rupees Five Lakh Only) with the office, Nazir of this Court is directed to return his

original passport to the applicant, which is lying in Safe custody. Yadi of this order shall be sent to the CBI Authority.â€​

Having heard the learned counsel appearing for the parties and having gone through the materials on record, I deem fit to modify the conditions

imposed by the Special Judge.

The applicant has been directed to deposit a sum of Rs.5,00,000/- with the Registry of the Special Court. The said condition is modified to the extent

that the applicant shall deposit an amount of Rs.2,00,000/- with the Registry of the Special Court.

The Special Judge has permitted the applicant to leave the State of Gujarat and travel to Canada upto 25.02.2020. The order passed by the Special

Judge is of 23.10.2019. Since the applicant was not able to comply with the conditions, the delay has occurred. It appears that the Trial Court

permitted the applicant to stay in Canada for a period of four months.

The trial is in progress. Almost 71 witnesses have been examined so far. I am informed by Mr. R.C. Kodekar that almost more than 30 witnesses

are yet to be examined. The trial will take a pretty long time before it is disposed of with judgment. In such circumstances, the applicant is permitted to

reside in Canada for a period of six months from the date of his departure. Rest of the conditions shall remain as they are.

It is clarified that the applicant shall file an undertaking before the Trial Court that he will have no objection if the evidence is recorded in his

absence. This indulgence is granted by this Court keeping in mind that the applicant is sick and is suffering from certain neurological problems. The

applicant shall not abuse the process of law and shall abide by all the conditions imposed by the Special Court. The applicant shall see to it that on

account of his fault, if any, the trial should not be jeopardize in any manner.

With the above, this application is disposed of. Rule is made absolute to the aforesaid extent.

Direct service is permitted.