Order 4

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT-11-000420-2022
Case No. CBI/41/2022
CBI v Dr. M.P. Singh & Ors. (Rajesh Mishra)
Case FIR No. RC06A/1999/CBI/SPE/SILCHAR
22.08.2022
Order on application for permission to go abroad and release of
Passport.
1. The accused Rajesh Mishra has filed the present application
seeking permission to go to abroad for a period from
01.09.2022 to 01.05.2023 and release of his passport and OCI
card to enable him to travel.
2. It has been stated in the application that the accused is a US
citizen since 2005 and was issued OCI card by the Govt. of
India in 2016.
3. It is further stated that he is working as Automotive Sales
Consultant in an Automotive company at Virginia, USA on
commission basis and requires his physical presence at the job
location.
4. The accused is stated to be having his wife - who is a house-
wife - and four minor children totally dependent on him and
as his wife does not know driving and their mobility is
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completely dependent on the accused who is also the only
bread earner of the family.
5. The accused is further stated to have bought a house using all
his savings and with a mortgage from Beeline loans and in the
event of default in payment, the lender can foreclose on his
property.
6. It has further been stated that the only source of income in
USA is his sales consultant job and if the accused does not
report for work, he will not be able to fulfill his financial
obligation including the loan note. And in the event of
foreclosure, he and his family will be out on street and will
lose all his savings.
7. The accused is stated to be in dire financial stress and will be
on the verge of bankruptcy due to absence from his
commission based job in USA and he may lose his job if he
does not report to his work immediately.
8. The accused is stated to undertake that the proceedings in the
case will not be hampered as he will never dispute his identity
and the proceedings may continue through his counsel who
will duly represent him.
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9. The accused is further stated to have provided his USA as
well as Indian addresses for communication and will be
available on phone and email.
10. The CBI contested the application and filed reply wherein it
has been stated that the co-accused M.P. Singh already stand
convicted and at that time the accused was a proclaimed
offender and was detained at IGI Airport in pursuance of a
Look Out Circular issued against him, on his arrival from
USA.
11. The accused is stated to have been absconding since 2003 and
did not put his appearance during the trial. And looking at his
previous conduct and being a US citizen, he may not be
permitted to travel abroad as there is every possibility that he
may not turn up to face trial and the proceedings will hamper.
12. The Ld. Counsel for the accused relying on the decisions in
1. Vakalapudi Yugandhar v State of Telangana
and another 2022 SCC online TS 1134.,
2. Parvej Noordin Lokhandwala v State of
Maharashtra and another (2020) 10 SCC 77,
and
3. Arun Baby v State of Kerala 2021 SCC
online Ker 2415
has submitted that even if the accused is a US citizen, he is a
holder of OCI card of India and he had been coming to India
off and on to visit and meet his other family members, which
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include his mother, brothers and married sister. He has not
violated any provision of law in the U.S. He may be permitted
to travel abroad from 15.09.2022 as he is ready to furnish
undertaking and fulfill all the conditions that the court may
impose.
13. On the other hand, the Ld. Sr. PP has submitted that the
accused has been apprehended only after 17 years of filing of
chargesheet and had never informed about his permanently
shifting to US either to CBI or the Court and since co-accused
already stands convicted, there is every likelihood that the
accused may not be available to stand trial.
14. It is correct that the accused has been apprehended after 17
years of filing of chargesheet and has not furnished his US
address to either to CBI or the Court, however, the accused has
been visiting India to meet his relations quite often since he
settled in USA. And it is only now that a look out circular was
issued against him and he was detained at IGI Airport on his
arrival.
15. The factum of the accused having shifted to US had come to
the knowledge of CBI as it is evident from the summons
issued to the accused and available on record, however, CBI
never bothered to issue the LOC against him earlier.
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16. The accused who was declared a proclaimed offender was
detained at IGI airport, arrested by CBI, his passport and OCI
card were seized and was produced before this court. The
accused stands released on bail with certain conditions and
was directed not to leave India without the permission of this
Court.
17. The accused had left India in 2003 prior to the filing of
chargesheet in the matter and as stated by him was granted US
citizenship in 2005 and OCI card by Govt. of India in 2016.
18. The accused has a family comprising his non-working wife
and four minor children totally dependent on him for all their
needs. As stated, the wife of the accused does not know
driving and the mobility of all his family members depends
on him. There is none else in the family who is earning and he
is the only earning member in the family, and the survival of
all his family members depends on him.
19. Further, he is to save his job and also to meet his financial
obligation which include re-payment of loan amount which he
has taken for purchase of his house.
20. The accused has stated that he shall not hamper the
proceedings and will not dispute his identity, he shall be
represented by a Special Vakalat holder and the
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proceeding/trial may continue in presence of that lawyer and
he shall appear as and when directed by the court.
21. The accused has consistently traveled to India after he left for
USA till his apprehension in June, 2022. He has maintained a
close contact with India as his other family members i.e.
mother, brothers and married sister, live in India and he visits
them in India.
22. The conduct of the accused may not pose a risk of evading the
prosecution. On his failure to physically report for his job and
manage his financial obligations he would incur serious
consequences of loosing his job as well as his property.
23. In the totality of facts and circumstances, the application is
allowed and the accused Rajesh Mishra is permitted to travel
for USA for a period of 6 months from 15.09.2022 to
15.03.2023 on fulfilling the following conditions:
 Accused shall furnish security in the form of FDR/bank
guarantee for a sum of Rs. 2 Lakhs (Two Lakhs Only) in the
name of Court i.e. Ld. Principal District & Sessions Judge-
cum-Special Judge, CBI, (PC Act), Rouse Avenue District
Courts, New Delhi along with one surety bond of Rs.1 Lakh
(One Lakh only) to the satisfaction of this Court.
 In any eventuality, accused will not request for extension for
staying abroad.
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 He shall neither tamper with the evidence nor try to
influence any witness in any manner and will not use the
permission granted to him contrary to the rules.
 This permission shall be subject to other applicable rules
and will not be deemed as directions to any other authority
except the permission from the side of the court.
 He will submit the address of his stay in USA along with
telephone/contact numbers and e-mail address/s.
 He will also submit the names and addresses, e-mail
addresses and contact numbers of his mother, brothers and
married sister.
 He will file a special Vakalat of an advocate who shall
mention his address, contact number and e-mail address on
that special Vakalat and shall appear before the court in his
absence and conduct the proceedings in the present case.
 His surety / Ld. Counsel will undertake to accept notice(s), if
any, on behalf of the accused in his absence.
 He will not create any third party interest in any of his
immovable properties situated in India or abroad without
permission of the court during this period.
 Neither he nor his counsel will object to the carrying of the
trial/inquiry during the absence of accused.
 In case of any of the above conditions are violated, the bank
guarantee / FDR / surety bond amount shall be forfeited to
the State.
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 LOC shall remain suspended till 15.03.2023.
 The passport and OCI Card of the accused be released to
enable him to undertake travel.
 The accused shall surrender his passport and OCI Card
before the court within 48 hours of his return to India.
Application is disposed of accordingly.
Copy of this order be given dasti to the applicant/accused and
the Investigating Officer concerned.
(Vinay Kumar Gupta)
Principal District & Sessions Judge-
cum-Special Judge (PC Act) (CBI),
Rouse Avenue District Court
New Delhi/22.08.2022
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