-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Miscellaneous Application No.58 of 2010 IN S.B. Criminal Miscellaneous Bail Application No.2851 of 2007 Smt. Malka Begum wife of Shri Mohd. Ibrahim Khan and Anr. VERSUS State of Rajasthan through P.P. Date of Order :::: March 30th 2010 Hon'ble Mr. Justice Dalip Singh Mr. Manu Bhargava, Counsel for the applicant Mr. Laxman Meena, Public Prosecutor for the State *** By the Court : Matter comes up on the application filed under Section 482 of the Code of Criminal Procedure for modification/ clarification of Condition No.3 in the order dated 14.08.2007 passed by this Court in S.B. Criminal Miscellaneous Bail Application No.2851 of 2007 by which this Court had accepted the application under Section 438 Cr.P.C. filed by both the applicant-petitioners viz. (i) Smt. Malka Begum wife of Shri Mohd. Ibrahim Khan and (ii) Mohd. Ibrahim Khan son of Shri Hazi Nanhey Khan and granted the benefit of anticipatory bail. -2- While granting the anticipatory bail, this Court interalia had imposed the following Condition No.3, which reads as under :- (iii) They shall not leave India without the previous permission of the Court;”. The applicant-petitioners intended to go on Haj- yatra and, therefore, they sought leave for preparing their passports from the concerned authorities and applied before the learned trial Court–Chief Judicial Magistrate, Jaipur for obtaining permission to go abroad on Haj. The learned Chief Judicial Magistrate, Jaipur vide its order dated 02.02.2010 decided their application and while doing so, the learned Chief Judicial Magistrate was of the opinion that since the condition regarding not leaving India had been imposed by this Court under its order dated 14.08.2007 the applicant-petitioners may approach this Court for the aforesaid purpose. Hence, this application has been filed with the prayer that the condition No.3 imposed in the order dated 14.08.2007 may be relaxed/ modified or clarified so as to permit both the applicant-petitioners to perform their Haj-yatra and return to India. Notice of this application was given to the learned Public Prosecutor for the State. -3- Heard learned counsel for the parties. In the facts and circumstances, since both the applicants are desirous of performing their Haj-yatra by visiting Saudi-Arabia, the condition No.3 restraining the applicant- petitioners from leaving India is relaxed upto 30th June, 2010 on the condition that each of them shall furnish a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned Chief Judicial Magistrate, Jaipur City, Jaipur and shall return on or before 30th June, 2010 to appear before the learned Chief Judicial Magistrate, Jaipur City, Jaipur and deposit their passports with the said Court. The applicant-petitioners are free to apply to the Regional Passport Office, Jaipur for obtaining the passports and traveling documents in this behalf. This application is accordingly allowed to the extent, as mentioned above. (Dalip Singh), J. Ashok/