SANJAY KUMAR PATWARI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This application has been filed by the petitioner for relaxation and/or modification and/or variation and/or waiver of the conditions of bail granted to the petitioner vide order dated July 13, 2016 passed by the court of learned Metropolitan Magistrate, 21st Court, Calcutta, in connection with R.C. Case No.15 of 2014 (CBI Case No.125 of 2017) under Sections 120B, 420 of the Indian Penal Code, 1860 inter alia on the effect that the petitioner shall not leave the country without the permission of the Court. Hence this application. The petitioner has prayed for permission to leave India to travel abroad in the countries namely, Netherland, Germany and Greece as per itinerary mentioned in paragraph 19 of the petition. It is in the context that the petitioner has received invitation to visit abroad as countries authorized representative vide invitation request dated 7th May, 2018 which reflects that the petitioner has been requested to accord the consent to visit Germany and Greece for the period from May 16, 2018 to 20th June, 2018. Since the petitioner could not get the permission of the Court, he could not undertake the journey on 16th May, 2018 as per the request by the company concerned. However, in paragraph 19, the petitioner has categorically pointed out that he is desirous to visit Amsterdam, Netherland, Baden Baden, Titisee, Mykonos, Frankfurt all the cases belonging to the Germany and also to Mykonos and Athens situated in Greece as per the proposed itinerary set out in paragraph 19 of this petition.

(2.) Mr. Ashraf Ali, learned counsel appearing on behalf of the CBI submits photocopy of extradition treaties and points out that Greece is not within the term of treaty with the Indian Government. That is to say the treaties pertaining to extradition treaties. On the contrary, the petitioner has submitted the document of Ministry of External Affairs, Government of India, which shows the list of extradition treaties currently in force with the countries as it would appear that Germany, France, Neherland do have extradition treaties with the Indian Government. In so far as the place namely, Mykonos and Athens are concerned they belong to the country called Greece. Obviously, there is no treaties with the Indian Government. In these two places in Greece, the petitioner wants to travel from 27th May, 2018 to 31st May, 2018 and 31st May to 2nd June, 2018 as per the itinerary.

(3.) In this context the learned counsel for the petitioner submits by inviting my attention to an earlier order passed by this Court when this Court permitted the petitioner to visit China and further pointed out that the petitioner reached China and has come back and there is no otherwise antecedent as against the petitioner. Undoubtedly, the allegation against the petitioner is that there is involvement of several crores as alleged and on that consideration this Court by order dated December 19, 2017 passed in CRM No. 12510 of 2017, was pleased to reject the prayer and against that order the Hon'ble Apex Court was moved by the petitioner and the Hon'ble Court simply declined to interfere only on the score that since the meeting that the petitione was desirous of attending is already over the Special Leave Petition was dismissed. However, the petitioner was given liberty to move fresh application for its consideration on his own merits without being influenced by the impugned order.