9911796707
TMI Blog1971 (12) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... nited Kingdom since the year 1963. The appellant is one of the Directors of M/s H. Gupta (London) Limited and Oriental Wool Crafts Limited carrying on business in England. The company is dealing in the business of carpets imported from India. Sometime in the month of June, 1970 four complaints were lodged against the appellant. The complainants are residents of Bhadohi in the District of Varanasi. The complainants are manufacturers of carpets. The complainants came in contact with the appellant in the year 1962. The complainants and the appellant had dealings and transactions in carpets. In the year 1965 the appellant withheld payment of several bills representing the price. of carpets sent by the complainants to the appellant. In the year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e like amount in each case. The complainants on coming to know of the order of the High Court in the month of July, 1970 made an application under section 498 read with section 561-A of the Criminal Procedure Code that the Additional District Magistrate at Varanasi should be directed to seize the passport of the appellant before enlarging him on bail on the ground that there was an apprehension that the appellant would jump his bail. The High Court at Allahabad on 21 August, 1970 passed orders directing the Additional District Magistrate, Varanasi that there would be no harm if the appellant was further ordered to surrender his passport to the Additional District Magistrate (Judicial), Varanasi. The appellant was thereafter released on bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 169 of the Criminal Procedure Code of the Investigation Officer was not placed. Fourthly, there was no case against the appellant. The case against the appellant is in the course of investigation. Counsel on behalf of the State submitted that investigation was practically complete and the case would commence soon. It is not necessary to express any opinion on, the question as to whether certificate or sanction is necessary. If certificate or sanction will be necessary and if there will be no certificate or sanction it will be open to the appellant to canvass that ground at the appropriate stage of trial. The report which the appellant characterizes as one under section 169 of the Criminal Procedure Code does not find any mention in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court when granting bail to restrict the departure of the appellant from India by requiring the appellant to surrender the passport. Sections 496, 497 and 498 of the Criminal Procedure Code are not exhaustive of powers of the court in regard to terms and conditions of bail particularly when the High Court under section 561-A of the Criminal Procedure Code deals with cases of this type. The apprehension of the appellant jumping bail could not be brushed aside. If the appellant wanted to retain the passport the court might not have granted the appellant any bail. Again, the reduction of the surety was made in order to enable the appellant to be enlarged on bail. The reduction of surety was also on the consideration that the appellant would n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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