Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
3RD COURT, ESPLANADE, MUMBAI.
Case No.4143/MISC/2023
(CNR NO.MHMM11-008817-2023)
In
Case No.1036/PW/2008
Guru Swarup Srivastava ... Applicant
V/s
CBI, EOW, Mumbai ... Respondent
ORDER BELOW APPLICATION EXH.1
The applicant has filed this for relaxation in condition of Bail
Order.
2. It is contended by applicant that he has been granted bail on
certain terms and conditions. By this application, applicant wants to relax the
Condition “Not to leave India without the prior permission of the Hon’ble
Court”. Now, the investigation is over and charge sheet is filed in the court.
Accused is attending the court regularly. Therefore, he prayed that the said
condition be modified/relaxed.
3. Respondent has filed its say and prayed to dismiss the
application.
4. Perused the application and say filed by respondent. Heard the
Ld. Advocate for accused and the Ld. PP. Before filing of charge sheet, the
accused was released on bail with certain terms and conditions. Now, charge
sheet is filed and case is pending before this court, accused is attending the
court. Hence, no harm will be caused to the prosecution, if the application is
allowed. Considering the facts and circumstances, the present application is
liable to be allowed subject to other conditions of bail to be strictly followed.
In the result, I pass the following order;
ORDER
a) The application is hereby allowed.
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b) Condition of “Not to leave India without the prior permission of the
Hon’ble Court” is modified/relaxed and read as “whenever the applicants
are leaving the country they shall give intimation of 48 hours in
advance to the CBI with their date of departure and arrival and with the
details itinerary and the contact numbers also”.
c) The applicant/accused abide the other conditions of bail granted.
Sd/-
Mumbai (Jaywant C. Yadav)
Dated : 27/10/2023 Additional Chief Metropolitan Magistrate,
3rd Court, Esplanade, Mumbai.
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