GHANSHYAMBHAI JAGJIVANDAS THAKKAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Present petition is filed by the petitioner with a prayer to quash and set aside the order dtd. 17/08/2022 passed by Special Judge, CBI Court No.3, Ahmedabad, rejecting CBI Criminal Misc. Application No.79 of 2022 filed by the petitioner on behalf of his son praying for extension of time period to return to India and in turn be pleased to extend the time period till 15/03/2023 so as to enable the son of the petitioner to return back to India from Dubai (UAE) in the interest of justice. The petitioner has further prayed to restrain the CBI from initiating any proceedings for declaring the son of the petitioner as an absconder and also restrain the Immigration Authorities of the Airports from detaining the son of the petitioner upon his arrival in India and allow the son of the petitioner to surrender to the jurisdiction of the CBI Court, Ahmedabad, to fact the trial of Special CBI Case No.6 of 2017, CBI Court, Ahmedabad, in the interest of justice.

(2.) Brief facts of the case are that son of the present petitioner was arrested for the offences under the Prevention of Corruption Act and he was released vide order dtd. 25/10/2016 passed in CBI Criminal Misc. Application No.421 of 2016 by Special Judge - CBI, Court No.3, Ahmedabad with certain conditions. Thereafter, son of the present petitioner preferred an application being CBI Criminal Misc. Application No.43 of 2022 with a prayer to delete/modify condition no.1 which was to the extent of not leaving territory of India without prior permission of the Court and deposit of passport with the CBI within a week. The said application of the son of the present petitioner was partly allowed by the learned Special Judge, CBI Court No.2, Ahmedabad vide order dtd. 15/03/2022. Thereafter, present petitioner has preferred an application being CBI Criminal Misc. Application No.79 of 2022 for modification of condition imposed vide order dtd. 15/03/2022 passed in CBI Criminal Misc. Application No.43 of 2022 which came to be rejected vide order dtd. 17/08/2022 passed by learned Special Judge, CBI Court No.3 and Additional Charge of CBI Court No.2, Ahmedabad against which present petition is filed by the petitioner before this Court seeking aforesaid relies:

(3.) Heard learned advocates appearing for the respective parties and considered the averments made in the present petition.