Vineet Lalani vs Republic of India (CBI)

Sashikanta Mishra, J

I.A. NO. 1478 OF 2023

This matter is taken up through hybrid mode.

Learned counsel for the Petitioner is permitted to correct the typographical error in the prayer portion in Court today.

Heard Shri L. Mishra, learned counsel for the Petitioner and Shri Sarthak Nayak, learned counsel for the CBI.

The Petitioner has filed this I.A. with the following prayer;

“It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to modify the order dated 11.11.2016 passed in the aforesaid BLAPL No.768 of 2015 thereby be pleased to waive/relax the Condition Nos.IV and V and to allow him for his movement to a foreign country for the better and effective treatment of his son.”

It appears that by order dated 11.11.2016 passed in BLAPL No.768/2015 a coordinate Bench of this Court allowed the bail application and directed the Petitioner to be released on bail on certain conditions. Condition Nos.(iv) and (v) of such order were as follows;

“(iv)the petitioner shall surrender his passport before the Special C.J.M. (CBI), Bhubaneswar and if he has no passport or has already surrendered the same, he shall swear an affidavit to that effect to the satisfactions of the learned Special C.J.M. (CBI), Bhubaneswar.

(v)the petitioner shall appear before the lower court on each date of posting of the case and shall also appear before the Investigating Officer on 1st Monday of every month until the investigation of the case is finally completed”.

By means of this petition, the Petitioner wants to waive/relax the above conditions. It is submitted that the Petitioner’s son is suffering some eye ailments which requires treatment at Singapore. In paragraph-10 of the I.A. the details of the treatment proposed to be given to the son of the Petitioner have been mentioned. It is further submitted that in obedience to the conditions imposed by this Court in order dated 11.11.2016 as modified by orders dated 16.12.2016 and 11.5.2017, the Petitioner has already deposited Rs.3.5 crores in the shape of STDR and furnished property security of Rs.1.5 crores.

Shri Mishra, learned counsel for the Petitioner, submits that the passport submitted by the Petitioner before the Court is required to be released in his favour so as to permit him to take his son to Singapore for his treatment. He further submits that the Petitioner undertakes to return to India and cooperate with the trial and abide by all other conditions imposed by the Court upon his return. The treatment is expected to require 4 months.

Shri Nayak, learned counsel for the C.B.I. submits, on instructions, that the contentions raised with regard to the eye ailment and the treatment of the Petitioner are not disputed but there is a chance of the Petitioner fleeing from justice if allowed to leave the country. He further submits that the Petitioner should not be allowed to remain outside the country for such long period particularly when further investigation is in progress.

I have considered the rival submissions and have also gone through the averments made in the I.A. and the medical documents and photographs enclosed thereto. There seems to be no dispute that the son of the Petitioner is suffering from a serious eye ailment and further the Petitioner wants to have his son treated at a specialized institute in Singapore. Since the Petitioner has furnished cash and property security of substantial amount being Rs.5 crores, it is difficult to believe that he would not return to India once he goes out of the country consequent upon his passport being released. The Petitioner, it must be remembered, is on bail and not in custody. There is no complaint against him regarding violation of any of the conditions of bail as imposed by this Court.

Therefore, having regard to the grounds raised as also on humanitarian considerations, this Court is willing to take a lenient view in the matter. The I.A. is allowed. Condition Nos.(iv) and (v) are hereby waived for the time being. It is further directed that the court below shall release the passport in favour of the Petitioner on proper application and on an affidavit of undertaking being submitted by him to the effect that he shall resubmit the same immediately after his return to India after four months. Since it is submitted that the validity of the passport has expired in the meantime, it shall be open to the Petitioner to seek its renewal before the appropriate authority. Further, the Petitioner before leaving the country shall furnish his contact address, telephone number and live location to the I.O. as well as the Court. He shall make himself available through virtual mode if the I.O. so requires during this four months period.

It is made clear that that Condition Nos.(iv) and (v) so waived by this order shall revive upon return of the Petitioner.

A free copy of this order be handed over to Shri S. Nayak.

The I.A. is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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