S PAL GUPTA Vs. STATE

JUDGEMENT

(1.) Crl.M.C.No. 2142/2007 and Crl.M.C.911/2003 were disposed of by a common order dated 04.03.2010, which reads as under:-

(2.) The applicants, who were petitioners before this Court in the aforesaid petitions, have filed these applications seeking modification/clarification of the aforesaid order dated 04.03.2010 with respect to the condition imposed for seeking permission of the trial court for going abroad. It has been prayed in the aforesaid applications that;

(3.) The applications have been opposed by the respondent by stating that the applications are a misuse of the process of Court inasmuch as the petitioners having enjoyed the benefit of the order dated 04.03.2010, cannot now avoid the burden of the conditions prescribed by the said order as conditions for the benefit. It is also submitted that the applicants cannot be allowed to approbate and reprobate or use the bogey of "waste of time" to negate the very salutary requirement of close supervision of law over the movements of the accused. It is further submitted that the judgments cited relate to the concessions granted by the State and are clearly distinguishable and thus, cannot be relied upon by the applicants to support the prayer made in the applications. It is also submitted that taking into consideration the conduct of the one of the accused, the impugned order needs no modification/clarification.