- (1.) Heard the parties. The petitioner was granted anticipatory bail on 2.11.1996 on the condition of furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge (Vigilance), Ranchi, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. After being granted anticipatory bail, the petitioner never violated any of the conditions for long 17 years during which pairvi was being made regularly either by filing an application under Section 317 Cr.P.C. or by appearing physically. During these period whenever the petitioner was required to go abroad, he had to seek permission every time.
(2.) Since frequency of going abroad has increased considerably on account of having regular check up, as the petitioner has undergone bye-pass surgery at abroad and also on account of other reasons necessity has arisen for relaxing one of the clauses of sub-section (2) of Section 438 of the Code of Criminal Procedure which speaks that the person shall not leave India without the previous permission of the court as it would not be feasible for the petitioner being quite old to move to the court frequently for having permission to go abroad.
(3.) In view of the facts and circumstances that since last 17 years the petitioner is facing trial and that he needs to visit abroad frequently for the reasons stated above, it becomes desirable to do away with the condition of leaving India without the prior permission of the court.;