Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided by: Jay Thareja, DHJS
Misc. No.131/2024
State v Rajan Sood & Ors.
FIR No.11/2011
PS AntiCorruption Branch
10.04.2024
At 04:00 pm.
Present : None.
1. This case is listed today for passing of order on an application filed
by the applicant/accused, Rajan Sood, seeking permission to travel to Vietnam,
from 19.04.2024 to 27.04.2024. The arguments qua the said application were
heard, on 08.04.2024.
2. During the hearing of arguments, the Ld. Advocate for the
applicant/accused had submitted that the aforesaid application should be allowed
by this Court because vide order dated 02.07.2022 and order dated 22.08.2023,
this Court had previously permitted the applicant/accused to travel to Australia
and USA and the applicant/accused had not misused the concession granted by
this Court; because the applicant/accused wishes to go to Vietnam for a holiday
trip with his wife; and because no prejudice would be caused to the State/the
investigating agency, who has been investigating this case since 2011, if the
applicant/accused goes to Vietnam for holiday trip with his wife.
3. Per contra, the Ld. PP for the State had submitted that the aforesaid
application should not be allowed by this Court because the State/the
investigating agency apprehends that the applicant/accused will not come back to
India from Vietnam, for facing the trial of this case.1
1 It is relevant to note that no such apprehension has been expressed in the reply filed by the
IO Inspector Bharat, on 08.04.2024.
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4. In Parvin Juneja v Directorate of Enforcement & Anr., (2023) SCC
OnLine Del 4803, the Hon'ble High Court of Delhi, has reiterated that the accused
has a right to travel abroad, subject to any genuine objection of the
State/investigating agency.2
5. Thus, keeping in view (a) the judgment of the Hon'ble High Court of
Delhi in Parvin Juneja (supra), (b) the fact that the applicant/accused had been
permitted by this Court to travel to Australia in 2022 and to USA in 2023 and had
not misused the said concessions and (c) the fact that the applicant/accused has
furnished the details of his travel to Vietnam, from 19.04.2024 to 27.04.2024, the
aforesaid application is allowed, subject to the following conditions:
(a) That the applicant/accused shall furnish the title
deed(s) of one of his immovable properties, in this
Court, which shall be returned to him, upon returning to
India from Vietnam, on 27.04.2024;
(b) That the applicant/accused shall furnish an FDR of
Rs.5,00,000/, in this Court, which shall also be
returned to him, upon returning to India from Vietnam,
on 27.04.2024;
(c) That the applicant/accused shall keep his mobile
no.9811093200 operational at all times, during his visit
to Vietnam; and
(d) That the applicant/accused shall inform the IO as
well as this Court about his arrival in India, within 5 days
of the said arrival.
6. In case, the applicant/accused does not inform about his arrival in
India, as aforesaid, the Ahlmad shall place this file before this Court, on
04.05.2024.
2 Although, in a different context, similar view(s) can be found in Suresh Nanda v CBI, (2008) 3
SCC 674 and the judgments referred therein.
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7. At this stage, the applicant/accused has furnished (a) the original
title deed of his Plot No.165, Green Wood Enclave, Sector5, Wave City,
Ghaziabad, U.P. and (b) an FDR of Rs.5,00,000/, obtained from Indian Overseas
Bank, Model Town, Delhi. They are accepted. The IO is directed to report the
filing of the FDR in this Court, to the Indian Overseas Bank, G5, Model Town,
Delhi.
8. Copy of this order shall be given dasti to the applicant/accused.
Another copy of this order shall be sent to the IO, for information and compliance.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue District Courts, New Delhi
10.04.2024
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