Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)-02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided Over by:- Ashish Aggarwal, DHJS
State v Jaspreet Singh Kathuria
FIR No.08/2022
PS Anti-Corruption Branch
21.08.2024
Present : Sh. Manoj Garg, Ld. PP for State.
Sh. Rishabh Bhati, Ld. Counsel for applicant/accused alongwith
applicant/accused.
IO ACP Jarnail Singh is present.
1. This is an application filed by applicant/accused Jaspreet Singh
Kathuria seeking permission to travel to Switzerland, Italy and France from
15.09.2024 to 05.10.2024.
2. Reply has been filed by IO. Copy is supplied to Ld. Counsel for
applicant/accused.
3. Arguments are heard.
4. During the hearing of arguments, Ld. Counsel for applicant/accused
stated that the aforesaid application should be allowed by this Court because as
per Article 21 of the Constitution of India, applicant/accused has a fundamental
right to travel outside India; because applicant/accused, who has adequate roots
in Delhi and an immovable property, is not at flight risk; because the
applicant/accused is willing to abide by any condition imposed by this Court. In
support of his submissions, Ld. Advocate for applicant/accused had relied upon
the judgment of the Hon'ble High Court of Delhi in Parvin Juneja v Directorate of
Enforcement & Anr., (2023) SCC OnLine Del 4803, Order dated 24.01.2023,
passed by the Hon'ble High Court of Delhi in Crl. A. No.585/2020, Nitya Nand
Gautam v CBI and judgment of the Hon'ble Supreme Court in Maneka Gandhi v
Union of India, (1978) 1 SCC 248.
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5. Ld. PP for State has opposed the application.
6. To respond to the objection of Ld. PP for State, applicant/accused
has submitted that he will file a detailed itinerary of his proposed travel to
Switzerland, Italy and France, an FDR of Rs.75,355/- of Central Bank of India, an
FDR of Rs.36,087/- of Punjab National Bank and original sale deed of Shop No.
G-25-A, Vardhman Central Mall, LSC Nehru Vihar, Delhi-110054. He submits that
this will assure the State/IO as well as this Court that he will be returning to India.
7. In Parvin Juneja v Directorate of Enforcement & Anr., (2023) SCC
OnLine Del 4803 (cited by Ld. Advocate for applicant/accused), the Hon'ble High
Court of Delhi, has reiterated the right of an accused to travel abroad, subject to
any genuine objection of State/IO. In this case, applicant/accused has obviated
the objections of State/IO, by undertaking to file the above-noted documents.
8. Thus, keeping in view (a) judgment of the Hon'ble High Court of
Delhi in Parvin Juneja (supra) and (b) the undertaking to file the aforesaid
documents and FDRs, the application is allowed, subject to the following
conditions:-
(a) That the above-noted FDR of Rs.75,355/- of Central
Bank of India and FDR of Rs.36,087/- of Punjab
National Bank and original sale deed of Shop No. G-25-
A, Vardhman Central Mall, LSC Nehru Vihar, Delhi-
110054 and also the original sale deed of Shop No. G-
25-A, Vardhman Central Mall, LSC Nehru Vihar, Delhi-
110054, shall be filed and shall remain as security with
this Court, till applicant/accused returns to India;
(b) That applicant/accused shall keep either of his
mobile no(s), which he has disclosed as 9910004700
and 9138131313, operational at all times, during his
visit to Switzerland, Italy and France; and
(c) That applicant/accused shall file a detailed itinerary
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of the proposed travel within one week and shall inform
IO as well as this Court about his arrival in India, within
7 days of the said arrival.
9. In case, applicant/accused does not inform about his arrival in India,
as aforesaid, the Ahlmad shall place this file before this Court, on 15.10.2024.
10. Copy of this order shall be given dasti to applicant/accused. Another
copy of this order shall be sent to IO, for information.
11. Put up on 22.08.2024 for filing of FDRs and original sale deed.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
21.08.2024
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