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TMI Blog2017 (2) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned CMM, New Delhi on 21.12.2016. To our mind, Mr. Frank Thierfelder, German Counsellor and Consul is the appropriate guarantor in the present facts of the case, who can assure the presence of respondent. Therefore, find no infirmity in the impugned orders passed by the Court below. - CRL.M.C. 4861/2016 & CRL.M.A.20173/2016, 20175/2016, 147/2017 - - - Dated:- 9-2-2017 - I. S. Mehta, J. For the Petitioner : Mr.Amish Aggarwala, Adv. with Mr.Satish Aggarwala, Adv. For the Respondent : Mr.Kirti Uppal, Sr. Adv. with Mr.Santosh Chaurihaa, Mr.Meraj A Khan, Mr.Ashutosh Dubey and Mr.Harsh Kumar, Advs. ORDER I. S. Mehta, J ( Oral ) 1. This is a petition under Section 482 Cr.P.C challenging the impugned orders dated 20t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2016 Present: Ld. SPP for DRI. Ld. Counsel for accused Dr. Bernd Augustin Accused is present. DRI has filed reply to the application whereby the accused Dr. Bernd Augustin had sought permission to travel to Germany coupled with the response to the certificate furnished yesterday. Heard. Ld. Counsel for DRI submits that antique articles were recovered from the possession of accused. Investigation is underway. She further submits that articles recovered from him 8 articles were found to be antique. She therefore, strongly opposes this application moved by applicant / accused to travel back to Germany. Percontra, Ld. Counsel for accused submits that accused has a deep root in the society and he can als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of action to secure the appearance by Dr. Bernd Augustin. That Dr. Bernd Augustin has assured that he will comply any direction passed by this Honourable Court as well as by the Embassy of the Federal Republic of Germany if allowed to travel to his native Country. Dr. Bernd Augustin also assured that he will be present whenever the Honourable Court/competent authority orders him to do so. He also assured that he may be issued any notice through email ID [email protected] and he will duly comply with the same. The reading of the said undertaking/ certificate lends credence to the version of the accused. I do not have any reason to disbelieve the said certificate. To my mind when Sovereign Countries certify to und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ificate on 19.12.2016 affirming the plea of the respondent that he is a citizen of Germany and his presence can be secured. The respondent was granted permission to go abroad vide order dated 20.12.2016 subject to deposit of ₹ 15,00,000/- by way of demand draft/bankers cheque/FDR. In compliance of order dated 20.12.2016, the respondent furnished demand draft for a sum of ₹ 15,00,000/- which was accepted by the learned CMM, New Delhi on 21.12.2016. To my mind, Mr. Frank Thierfelder, German Counsellor and Consul is the appropriate guarantor in the present facts of the case, who can assure the presence of respondent. Therefore, I find no infirmity in the impugned orders passed by the Court below. 6. Resultantly, the present peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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