Travel restrictions imposed on a person granted anticipatory bail can be modified if the SCN is adjudicated without prosecution.
Issue: Whether the condition imposed on the petitioner’s anticipatory bail, restricting their travel abroad, should be modified after the adjudication of the show cause notice and the absence of any recommended criminal prosecution.
Facts:
- The petitioner was granted anticipatory bail with a condition requiring them to seek prior permission from the trial court before traveling abroad.
- The show cause notice issued to the petitioner under Sections 122(3)/122(1A) of the CGST Act, 2017, was adjudicated, and no criminal prosecution was recommended or initiated.
Decision:
- The court modified the anticipatory bail condition.
- Instead of seeking prior permission from the trial court, the petitioner is now required to inform the revenue authorities about their travel plans.
- The petitioner must also provide their contact number and address of their intended residence abroad.
Key Takeaways:
- This case highlights the court’s flexibility in modifying bail conditions based on the evolving circumstances of the case.
- The modification of the travel restriction reflects the principle of proportionality, ensuring that the conditions imposed are reasonable and necessary.
- The decision balances the need to ensure the petitioner’s availability for potential future proceedings with their right to travel abroad.
HIGH COURT OF DELHI
Gorav Gupta
v.
Directorate General of GST Intelligence
Neena Bansal Krishna, J.
CRL.M.C. No. 213 of 2025
JANUARY 16, 2025
Sunil Dalal, Sr. Adv., Suresh Chaudhary, Rajiv Singh, Sandeep Sharma, Nikhil Beniwal, Ms. Shipra Bali, Ms. Riya Rana, Kunal Singhal and M.K. Kardam, Advs. for the Petitioner. Harpreet Singh, Sr. Standing Counsel for the Respondent.
ORDER
CRL.M.A. 1142/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. The Application is disposed of.
CRL.M.C. 213/2025
3. The present Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner seeking modification of the condition in the Bail Order dated 07.07.2022 passed by the learned Trial Court vide which the Petitioner has been admitted to Anticipatory Bail.
4. It is submitted that while granting the Anticipatory Bail to the Petitioner vide Order dated 07.07.2022, the condition was imposed that he shall surrender his Passport before the Investigating Officer/Apprehending Authority and under no circumstances leave India without prior permission of the Investigating Officer/Appending Authority. However, the said condition was modified by this Court vide Order dated 20.12.2023 and the Petitioner was directed to seek prior permission of the Trial Court before travelling aboard.
5. The Petitioner moved the Petition bearing No. CRL.M.C. 9400/2023 under Section 482 of the Code of Criminal Procedure, 1973 seeking modification of this bail condition to seek prior permission of the Trial Court before traveling abroad. This Court vide Order dated 15.04.2024 modified the said Bail condition to the extent that instead of obtaining the prior permission of the Trial Court as mentioned in condition (i) of Paragraph-5 of the Bail Order, prior permission of the concerned learned Chief Metropolitan Magistrate, Patiala House Courts, New Delhi where the complaint is to be filed, shall be obtained.
6. It is submitted that the Show Cause Notice was issued under Sections 122(3)/122(1A) of the CGST Act, 2017 to the Petitioner, which has now been finally adjudicated vide Order dated 27.08.2024 by the Joint Commissioner, CGST, Delhi wherein no criminal prosecution has been recommended or initiated against the Petitioner.
7. It is further submitted that since there is no Complaint intended to be filed before the learned CJM, the conditions imposed in the Anticipatory Bail Order dated 07.07.2022, including limitation on the Petitioner’s movement or travel abroad only with the permission of learned CJM or to vacate the Anticipatory Bail Order dated 07.07.2022, enabling the Petitioner to exercise his Fundamental Right of freedom of movement.
8. Issue notice.
9. Mr. Harpreet Singh, learned Senior Standing Counsel appearing on advance Notice, accepts Notice on behalf of the Respondent and submits that though the Application has already been preferred in the Department for filing of the Complaint against the Petitioner the condition may be modified and Petitioner may be directed to intimate the Department every time when he travels abroad.
10. Submissions heard. 11. In view of the submissions made, the condition imposed vide Order dated 20.12.2023 is modified to the extent that instead of seeking prior permission of the learned CJM/Trial Court, the Petitioner shall intimate the Department/Respondent about his travel and shall furnish his contact number and address where he intends to reside.
12. Accordingly, the present Petition is disposed of.