IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 38 OF 2009 CRIMINAL APPLICATION NO. 38 OF 2009 CRIMINAL APPLICATION NO. 38 OF 2009 in CRIMINAL APPLICATION NO. 791 OF 2006 CRIMINAL APPLICATION NO. 791 OF 2006 CRIMINAL APPLICATION NO. 791 OF 2006 Mr.Palaniappan Manivelan ...Applicant vs. The State of Maharashtra ...Respondent Mr.P.B. Shah for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 6, 2009 DATED : FEBRUARY 6, 2009 DATED : FEBRUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. This is an application for relaxation of the condition imposed by this Court dated 23rd March, 2006. The applicant by the said order was released on bail subject to certain conditions which were imposed by this Court. One of the conditions was that he should deposit his passport with the Investigating Officer and he should not leave the country without permission of the court. - 2 - 3. It is submitted that more than three years have passed, however, till today, the charge-sheet has not been filed. It is submitted that the applicant is a businessman and is required to go abroad from time to time. It is submitted that on earlier occasion, he had obtained permission from the court before going abroad. It is submitted that therefore, the said condition may be relaxed and other suitable condition may be imposed. 4. It is an admitted position that the applicant was released on bail on account of a default on the part of the prosecution to file the charge-sheet. Three years have passed, however, till today, charge-sheet has not been filed against the present applicant or any other accused. The only role which is attributed to the present applicant in the prosecution of the principal accused Daya Nayak, is that he was his friend and that he had abetted the public servant in the commission of the offence punishable under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act read with Section 109 of the IPC. This being the position, the condition, in my view, of the applicant seeking permission of the - 3 - court before leaving the country needs to be relaxed. 5. The said condition, therefore, is deleted and the passport shall be returned by the Investigating Officer to the applicant within four weeks from today. The applicant shall, however, report to ACB, Worli, once in three months. 6. Order dated 23rd March, 2006 is, accordingly, modified. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)