Interim Order 6

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
Misc. No.499/2024
State v Deepak Chawla
FIR No.8/2022
PS Anti-Corruption Branch
12.12.2024
This is an application for permission to travel to Sri Kartarpur Sahib filed on
behalf of applicant/accused Deepak Chawla.
Present : Sh. Manoj Kumar Garg, Ld. Public Prosecutor for State.
Sh. Hrishabh Tiwari, Ld. Counsel for applicant/accused appearing
through VC.
1. The application is proposed to be decided by this order.
2. It has been argued by Ld. Counsel for applicant/accused that the applicant has
the right to travel abroad. Ld. Counsel for applicant/accused has 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.
3. Today, Ld. Counsel for applicant/accused has sent to this Court, by email, the
electronic travel authorization of the applicant/accused.
4. In Parvin Juneja v Directorate of Enforcement & Anr., (2023) SCC OnLine Del
4803, the Hon'ble High Court of Delhi has stressed on the right of an accused
to travel abroad.
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5. I have asked Ld. Counsel for applicant/accused as to how it can be assured
that the applicant/accused will return to the country after the aforesaid visit. He
has relied upon a similar permission granted to co-accused Harpal Singh
Kochar by order dated 22.01.2024. He submits that he has submitted all travel
details. He also submits that the case is not making any progress in
investigation and charge-sheet has not been filed. He submits that fetters on
travel of the applicant/accused would be unreasonable in view of lethargy and
inaction of the Anti-Corruption Branch. In light of submissions are advanced,
the application is allowed and the applicant/accused is permitted undertake to
aforesaid religious purpose from 13.12.2024 to 15.12.2024 as per itinerary
mentioned in the application, subject to the following conditions:
(a) That the applicant/accused shall furnish FDR of
Rs.1,00,000/- as security with this Court, till the
applicant/accused does not return to India;
(b) That the applicant/accused shall keep his mobile phone
(of which the number will be disclosed before this Court)
operational at all times, during his visit to Shree Kartarpur
Saheb, Pakistan; and
(c) That the applicant/accused shall inform this Court about
his arrival in India, within 7 days of the said arrival, by an
affidavit.
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 29.01.2025.
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7. By the last order, notice was directed to be issued to the Joint Commissioner of
Anti-Corruption Branch. Notice has not been issued. Let notice be now issued,
returnable for submission of compliance report, on 29.01.2025.
8. Copy of this order shall be given dasti to the applicant/accused.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
12.12.2024
At 04:00 pm.
Present : Sh. Manoj Kumar Garg, Ld. Public Prosecutor for State.
Sh. Harsh Sharma, Ld. Counsel for applicant/accused.
Ld. Counsel for applicant/accused has furnished FDR bearing no.
50301080329779 in the sum of Rs.1,00,000/-. The same is taken on record. Sh.
Harsh Sharma submits that the mobile phone number of the applicant/accused is
9891111112 and that the number will be kept active during the aforesaid foreign visit.
Put up on date fixed i.e. 29.01.2025.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
12.12.2024
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