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TMI Blog2019 (10) TMI 1527X X X X Extracts X X X X X X X X Extracts X X X X ..... l abroad is a valuable one and an integral part of the right to personal liberty. Equally, however, the pre condition of securing prior permission before travelling abroad is a crucial ingredient which undoubtedly was engrafted as a condition for the grant of anticipatory bail in this case. Mere inconvenience in the matter of approaching the court, therefore absent of any significant change of circumstances (i.e. framing of charges or no significant or serious material emerging during the trial, in the course of deposition of key witnesses, as to the role of the respondent), ought not to have led to dilution of the terms of the High Court s previous consistent orders. At best, the condition for seeking permission before travelling abroad c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s granted. Leave granted. With the consent of counsel of the parties, the appeal was heard finally. 2. The respondent had approached the Punjab Haryana High Court seeking modification of orders made previously, which had granted anticipatory bail to him. By the impugned order, the conditions governing his anticipatory bail were modified. In these circumstances, the father of the victim of the crime has approached this Court, claiming to be aggrieved by the modifications in the impugned order. 3. The facts necessary for the purpose of this order are brief; a First Information Report (FIR No. 250 dated 08.09.2017) was registered for offence punishable under Section 302 of the Indian Penal Code, 1860 ( IPC ) read with Section 25 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tain any allegation regarding his involvement and role in that crime, and further investigation was kept open under Section 173(8) of Code of Criminal Procedure, 1973 (for short, CrPC ). 5. In this second application for modification, it was argued that the respondent frequently travelled abroad and the condition of having to secure prior permission was cumbersome and extremely inconvenient. The respondent, in support of his application placed reliance upon certain judgments, including a judgment of this court. The CBI opposed the application, emphasizing that the conditions imposed were not unreasonable, but in the larger interest of justice. It was also pointed out that the conditions were imposed by virtue of Section 437 of the CrPC. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of bail till the presentation of the final report. Thereafter, the same undertaking was required to be furnished before the trial court. The trial court also was ensure that the trial of the case was not be adjourned or deferred on the ground that the petitioner undertook to travel abroad. 8. It is argued by the petitioner that the modification to the original order granting anticipatory bail is patently erroneous and contrary to the letter and spirit of Section 438(2). It is argued that having regard to the seriousness of the crime, and the fact that no important change in circumstances was brought to the notice of the court, the alteration of such conditions was not warranted. The learned counsel for the petitioner emphasized that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition of securing prior permission before travelling abroad is a crucial ingredient which undoubtedly was engrafted as a condition for the grant of anticipatory bail in this case. Mere inconvenience in the matter of approaching the court, therefore absent of any significant change of circumstances (i.e. framing of charges or no significant or serious material emerging during the trial, in the course of deposition of key witnesses, as to the role of the respondent), ought not to have led to dilution of the terms of the High Court s previous consistent orders. At best, the condition for seeking permission before travelling abroad could have been regulated, not deleted altogether. 10. Having regard to the above, this Court is of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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