1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1172 OF 2010 Sunilkumar s/o Vedkumar Kalra ... APPLICANT VERSUS The State of Maharashtra through C.B.I. & another ... RESPONDENTS ..... Shri A.N. Kakade, Advocate for the applicant Shri Alok Sharma, Assistant Solicitor General of India for the respondent No.2. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 15th April, 2010 PER COURT: 1. Heard Mr. A.N. Kakade, learned counsel for the applicant as well as heard Mr. Alok Sharma, learned Assistant Solicitor General of India for respondent No.2. 2. By the present application, the applicant prays that the conditions which are imposed by the Additional Sessions Judge-1, Aurangabad in Bail Application No.RC/Pune/2009/A/0016/CBI/ 2 Pune below Exh.1 on 22.12.2009 be relaxed and the applicant be permitted to leave Aurangabad jurisdiction for medical treatment and also prays that the judgment and order dated 22.2.2010, passed by learned Additional Sessions Judge-1, Aurangabad below Exhibit 1 in No.RC/Pune/2009/A/0016/CBI/Pune be quashed and set aside. 3. At the outset, the applicant contends that, presently he is working as Assistant Commissioner (Provident Funds) Department, Aurangabad and he has been suspended due to registration of offence under the Prevention of Corruption Act, 1988 by C.B.I., Pune. The respondent is C.B.I., Pune, who has registered the crime bearing No.RC/Pune/2009/A/0016/CBI/Pune. The applicant came to be arrested in the above referred crime on 19.12.2009 and the applicant was remanded to C.B.I. custody till 21.12.2009 and thereafter was remanded to judicial custody on 22.12.2009. The applicant applied for bail by way of bail application No.RC/Pune/2009/A/0016/CBI/Pune and the learned Special Judge, Aurangabad allowed the said application by order dated 22.12.2009 and directed that applicant/accused be released on bail on executing a P.R. and S.B. of Rs.2,00,000/-. However, while granting bail to the applicant, a condition was imposed upon the applicant that, "The applicant/accused will not leave his house at Aurangabad without the permission of this Court", along with other 3 conditions as stated in the said order. 4. Being aggrieved and dissatisfied by the said order of imposing stringent conditions upon the applicant, the applicant preferred application before the same Court, requesting for relaxation of the conditions. However, the said application came to be rejected by learned Additional Sessions Judge-1, Aurangabad by order passed on 22.2.2010. Hence, the applicant approached to this Court by way of present application for the aforesaid prayer. 5. It is the contention of the applicant that, he is suffering from various ailments such as diabetes, kidney stone, gall bladder (multiple calculi) in lumen with posterior acoustic shadowing as well as he is suffering from peptic ulcer, lever problem as well as having stone in bladder. The applicant contends that, he has been taking treatments from the doctors at Kanpur since 2006 and he intends to go to Kanpur for further medical check up and for necessary medical treatment. He further submits that, his son is prosecuting studies at Noida and his another son is in private service at Khapoli and his wife is also Government employee at Kanpur and the applicant is alone at Aurangabad. The applicant further submits that, at the time of hearing of the application, he had produced the relevant medical papers before the learned Special Judge, C.B.I. Even the applicant submits that, the Special P.P., C.B.I., Aurangahad had filed his say 4 on the said application that, "If the Hon'ble Court grants permission, the accused be directed to file detail affidavit of his journey and check period of medical, the period should not be more than two weeks." In the said context, the learned counsel for the applicant submits that, even the Special P.P., C.B.I., Aurangabad has not opposed the application vehemently and submitted that, if the Court grants the permission, the applicant be directed to give his journey period of medical treatment which should not be more than two weeks. 6. Mr. Alok Sharma, learned Assistant Solicitor General of India for C.B.I. submitted that, the condition imposed upon the applicant that he should not leave his house at Aurangabad without permission of the Court be relaxed and he be directed that the applicant should not leave the limits of the Aurangabad city. He further submits that, the applicant can take the necessary medical treatment at Aurangabad also and even the document annexed at Page 52 indicates that applicant had approached to Siddhivinayak Diagnostic Centre at Aurangabad recently and the said report is dated 20.3.2010 and further submitted that, necessary medical expertise is available at Aurangabad also. Hence, Mr. Alok Sharma, learned Assistant Solicitor General of India submitted that the request of the applicant to go to Kanpur for medical treatment may not be acceded to. 5 7. The learned counsel for the applicant submitted that since December 2009 he was called by C.B.I. Officers only once for the interrogation purpose and learned counsel for the applicant, on instructions, undertakes that the applicant shall be available for the interrogation purpose within a period of two days after giving notice to him if he is permitted to go to Kanpur to take the medical treatment. 8. Having the comprehensive view of the matter, even the say given by the Special P.P., C.B.I. on 17.2.2010. on the application preferred by the applicant before the learned Special Judge, C.B.I. indicates that Special P.P. of C.B.I. had no vigorous objection to allow the applicant to go to Kanpur for taking the necessary medical treatment. Moreover, the document produced at Page 46 indicates that the applicant has been taking treatment at Kanpur and the said medical paper indicates that, "Gall Bladder appears contracted showing multiple calculi in lumen with posterior acoustic shadowing (size 3 to 6 mm.). Moreover, the medical paper produced at Page 42 also discloses that the applicant has been taking medical treatment for his ailments at Kanpur since 2006. The medical paper produced at Page 52 discloses that the applicant approached Siddhivinayak Diagnostic Centre at Aurangabad also. In the said context, learned counsel for the 6 applicant submitted that since it was emergency, he was required to approach Siddhivinayak Medical Centre at Aurangabad on 20.3.2010 and he has produced the said report fairly before the Court. 9. Besides that, the sight cannot be lost of the aspect that applicant was called only once for the interrogation purpose since December 2009 and he was working as Assistant Commissioner of Provident Funds at Aurangabad prior to his suspension. Moreover, there cannot be any dispute that a person is entitled to take the best possible medical treatment of his own choice at his own costs. Hence, in the light of the aforesaid facts, I am of the view that the applicant needs to be permitted to go to Kanpur to take the best possible necessary medical treatment of his own choice at his own costs, but same shall be for the restricted period i.e. for four weeks only, upon imposing stringent conditions. 10. In the result, present application is allowed and applicant is permitted to go to Kanpur to enable him to take necessary medical treatment at his own costs, for the period of four weeks only from the date of departure of the applicant from city of Aurangabad, by modifying the respective condition in the order dated 22.12.2009 passed by learned Special Judge, Aurangabad in Bail Application No.RC/Pune/2009/A/0016/CBI/Pune, on the following conditions : 7 i) Before leaving Aurangabad city, the applicant shall furnish his residential address and telephone number at Kanpur as well as mobile number and email address to the investigating agency at Aurangabad. ii) The applicant shall furnish his detail course of action in respect of medical treatment, such as the name and address of the doctor, the name and address of the clinic/ hospital where he intends to take the medical treatment during the aforesaid period, to the investigating agency at Aurangabad before leaving the limits of the Aurangabad city. iii) The applicant shall give attendance before the Incharge of Govindnagar Police Station, Kanpur once in a week, after his arrival at Kanpur. iv) After return to Aurangabad after four weeks as aforestated, the applicant shall report to the investigating agency at Aurangabad. v) The other conditions imposed in the order passed in Bail Application No.RC/Pune/2009/A/0016/CBI/Pune, on 21.12.2009 shall remain same. 11. The application stands disposed of accordingly. (SHRIHARI P. DAVARE) JUDGE fmp/cri1172.10