- (1.) Heard Sri Oza, Senior Advocate for the applicant who has requested for return of the passport for a fixed period up to December, 2019. This request has been vehemently objected by Sri Gyan Prakash, learned Senior Advocate appearing for Central Bureau of Investigation (hereinafter referred to as "C.B.I.").
(2.) Sri Gyan Prakash, learned Senior Advocate appearing for C.B.I. has vehemently relied on Section 362 of Code of Criminal Procedure,1973 ( hereinafter referred to as "Cr.P.C.") so as to contend that this Court cannot alter the order and has contended that this Court has no jurisdiction to entertain this application for modification of the orders or for alternation of conditions laid down while entertaining the appeal and granting bail on conditions during pendency of the appeal. This Court in Criminal Misc. Bail Application No.1 of 2018 whereby this Court directed the appellant herein to submit the passport before the Trial Court and or surrender the passport before the Registrar General of this High Court in seal cover. The appellants now wants temporary release of his passport for a period of three months from today which has been vehemently objected by Sri Gyan Prakash, Senior Advocate placing reliance on Section 362 of Cr.P.C. Sri Oza, Senior Advocate took this Court to the subsequent order of this Court in the matter of co-accused who is the main accused where no such condition is laid by the coordinate Bench of this High Court.
(3.) The copy of the application was served to the Senior Advocate appearing on behalf of C.B.I. but no reply has been filed except the oral objection under Section 362 Cr.P.C. has been taken. The objection under Section 362 of Cr.P.C. cannot be countenanced, as the appeal is still pending and it was an interim order of bail which is sought to be modified to the limited extent due to change in circumstances.;