RAJESH KUMAR AGGARWAL Vs. STATE AND ORS.

JUDGEMENT

(1.) On 20th July 1999, Petitioner was arrested by the officials of Directorate of Revenue Intelligence, i.e., Respondent No. 2, for committing the offences under Sec. 132 and 135 of the Customs Act, 1962. In Crl. M.C. No. 2582/1999, Petitioner was enlarged on bail on 15th September 1999 by K.S. Gupta, J., on the condition that the Petitioner will not leave the country without the permission of ACMM, New Delhi and would surrender his passport with Respondent No. 2/department.

(2.) In this petition, waiver of the aforesaid condition is prayed for, by contending that in terms of Sub -section (3) of Sec. 437 of Cr.P.C., no condition can be imposed while enlarging the accused on bail for the offences punishable upto three years and the offences alleged against the Petitioner are also punishable upto a term for three years. Reliance has been placed upon an order passed in Crl. M.C. No. 1072/2003, on 3rd May 2005, by Manju Goel, J., waiving the condition of seeking permission and of substituting it with the rider that the accused would give prior information of his visiting abroad to the concerned court and the said visit would not be of more than three months, each time. Reliance has been also placed upon Crl. M.C. No. 581/2006, decided on 21st August 2007, wherein condition prohibiting the accused from leaving the country without permission of the court was substituted with the direction of prior intimation to the court concerned.

(3.) It has been also pointed out the Gujarat High Court in a decision reported in 2007 (3) Crimes 464, had deleted the condition requiring the accused not to leave the Gujarat State without the permission of the court concerned.