- (1.) Mr. Bagchi, at the very outset, invites attention of the Court to the order dated 20th August, 2009 passed by the Apex Court which is as follows: "We allow the appeals. Detailed reasons to follow later. In the meantime, we direct that the appellant shall be released on bail to the satisfaction of the Special Judge."
(2.) It is submitted that being equipped with the said order of the Apex Court, the petitioner approached the learned Special Court which by order dated 21st August, 2009 granted bail. The relevant portion of the said order is: "However, keeping in mind the direction of the Hon'ble Apex Court and keeping all circumstances of the case record, it is O R D E R E D, that accused Sanjoy Kumar Kedia @ Sanjoy Kedia shall be released on bail on furnishing cash security of Rs. 50,000/- (rupees fifty thousand) and shall also furnish bond of local surety of Rs. 50,000/- (rupees fifty thousand) having sufficient landed properties within the jurisdiction where the accused resides and on condition that the accused shall undertake that he shall not leave the jurisdiction of this Court without taking prior permission of this Court and shall not threat the witnesses and tamper the evidence and he shall always make himself available before this Court on the date fixed for this case and shall not interfere the departmental proceeding arose in connection from this case." Mr. Bagchi submits that as a result of such restriction upon the movement of the present petitioner, he has been put into serious prejudice and this virtually has denied the freedom which, according to Apex Court, the petitioner was entitled to enjoy. Mr. Bagchi further submits that the petitioner is required to move out of the concerned district in connection with his business as well as other private purposes but if such condition is allowed to continue, he will be put into serious difficulty and particularly, when the trial of the case continues to be floating in the ocean of uncertainty.
(3.) Learned Additional Solicitor General strongly opposes the prayer for relaxation of condition of bail while referring to the backdrop of the present case and he further submits that the present petitioner has a rather colourful background and his technical know-how may cause serious prejudice to the trial of the case. Anxiety of the learned Additional Solicitor General can be well appreciated but the fact remains that such a person with the aforesaid competence can operate from any place of his choice and we certainly hope that our prosecuting machinery is strong and competent enough to respond to the said challenge. It is submitted that the passport of the present petitioner is in the custody of the learned Special Court and for the time being, Mr. Bagchi does not also propose to get the custody of the said passport back. Thus, his movement abroad continues to be under restriction. But we do not find any justification for continuation of the said condition regarding his not leaving the jurisdiction of the concerned Court except with Court's permission.;