BINA K RAMANI Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 482 Cr.P.C. r/w Section 439 Cr.P.C. seeking modification of the order dated 21st August, 2009 passed by the learned Additional Sessions Judge granting bail to the petitioner, subject to the condition that the petitioner shall surrender her passport permanently to the Investigating Agency and further allowing the petitioner to travel abroad after seeking permission of the Trial Court or the Investigating Agency.

(2.) Briefly stated, the facts leading to the filing of the present case are that the petitioner is claiming herself to be a lady of 65 years of age. An FIR No. 493/2006 was registered against her on 4th August, 2006 under Section 120B/420/467/468/471 IPC as a sequel of FIR No. 287/99 registered on 30th April, 1999 under Section 307/302/201/420B IPC at P.S. Mehrauli which is commonly known as Jessica Lal murder case. The case of the prosecution is that the Jessica Lal was shot dead in a restaurant bar of the petitioner which was located at H-5/6, Mehrauli Road, West Delhi. The restaurant bar was being run in the name and style of "Once Upon a Time". It is alleged that the bar did not have any valid licence for serving the liquor but had only obtained a licence from the MCD for running an eating house. A licence was also obtained from the DCP(Licensing). Since the trial of the accused persons in Jessica Lal murder case, had resulted in acquittal of all the accused persons an FIR No. 120/2006 registered at P.S. Mehrauli on 6th March, 2006 and it was assigned to Special Investigation Team (SIT to investigate as to whether there was complicity on the part of the investigating agency which resulted in acquittal. During the investigation carried out by the SIT, the factum of the present petitioner running the aforesaid eating house at the premises bearing No. H-5/6, Mehrauli Road, New Delhi, Qutub Colonnade under the aforesaid name, was found to be without any valid licence from the Excise Department and thus a case came to be registered against her also for the various aforesaid offences. The petitioner was arrested and she remained in police custody as well as judicial custody for a short while. She was enlarged on bail by the learned ACMM vide order dated 15th September, 2006 on furnishing a personal bond in the sum of Rs. 2.00 lakh with one surety for the like amount on the condition that she shall surrender her passport and shall not leave the country without permission of this Court. She was also directed to report to the IO on 1st Saturday of every month till the filing of the final report or till further orders and join the investigation as and when required by the Investigating Officer.

(3.) The case of the petitioner is that despite the FIR having been registered, almost 31/2 years back, the police has still not filed the final report on the ground that they are awaiting the results from FSL. It is alleged by the petitioner that during all these years, the petitioner had joined investigation as and when she was required. It is alleged that as a matter of fact, on 30th April, 2007 the Investigating Officer made a statement that the present petitioner is not required for the purpose of further investigation.