Gautam Khaitan Vs Central Bureau of Investigation (Delhi High Court)
Summary: The Delhi High Court considered an application filed by the Central Bureau of Investigation (CBI) seeking modification of a foreign travel condition imposed while granting bail to Gautam Khaitan on 16 September 2022. Under paragraph 28(vii) of the original bail order, the petitioner was required to give prior intimation of his foreign travel, together with a detailed itinerary, to the concerned Investigating Officer. The CBI sought to replace this requirement with a stricter condition making it mandatory for Khaitan to obtain prior permission from the Special Judge, CBI Cases, Rouse Avenue Courts, New Delhi, before travelling abroad. The application therefore concerned modification of an existing bail condition rather than the grant or cancellation of bail.
The CBI justified its application by stating that the petitioner was a frequent international traveller and that the investigation extended to several foreign jurisdictions, including Brazil, Austria, Switzerland, Singapore, the United Arab Emirates and the United Kingdom. It expressed apprehension that the petitioner might visit those countries and influence witnesses or tamper with evidence. The investigating agency accordingly requested a judicial permission requirement in place of the existing obligation to notify the Investigating Officer.
