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TMI Blog2022 (7) TMI 1066X X X X Extracts X X X X X X X X Extracts X X X X ..... e is taking blood thinning medicines prescribed by his treating doctors. For removal of maxillofacial cyst, he has to stop taking the said drug. Hence, the supervision, care and treatment under Doctor Ramasamy Danapal based in London is required, who is well aware of the respondent s medical history. A report has been also placed on record by the petitioner obtained from medical Superintendent AIIMS Hospital regarding availability of the treatment of maxillofacial cyst at the Center for Dental Surgery at AIIMS and the 640 Slice CT Scan machine being available in Apollo Hospital - It is the admitted case of both the parties that after the registration of the earlier ECIR in the year 2010, the respondent has travelled abroad on a number of occasions after getting his passport released from the Court and he has never violated any of the terms and conditions, which were imposed by the learned Trial Court. The only change in circumstance is that another ECIR has been registered against him, in which he is on bail and a condition for deposit of passport was put afresh. One of the apprehensions expressed by the present petitioner is that the respondent may tamper with the evidence a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he application of applicant/accused is allowed. Applicant/accused is allowd to travel to England with effect from 25.06.2022 to 25.07.2022 subject to th terms and conditions as contained in the order dated 06.09.2019 of Ld. Special Judge (PC Act): (CBI)-11, Rouse Avenue, Delhi in CC No. 55/19 titled as ED Vs. Jatinder Pal Singh which are as follows: (i) That applicant/accused shall furnish personal bond in the sum of Rs. 3,00,000/- in addition to personal bond. (ii) That applicant/accused shall also furnish one local surety in the sum of Rs. 3,00,000/- in addition to surety bond. (iii) He shall inform the court about his arrival in India within 72 hours of completion of his entire journey. (iv) In any eventuality, applicant/accused shall not request for extension of staying abroad. (v) He shall not 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. (vi) During his stay abroad, applicant/accused shall be represented before the court by his counsel and no adjournment shall be requested due to absence of accused. (vii) He will submit the address of his sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. Kanwar Deep Singh, Crl.M.C. 1748/2022 passed on 24.05.2022 had held that no foreign travel can be allowed where the medical treatment is available in India; the medical condition of the respondent was stable during his custody; the respondent is involved in commission of grave economic offence and there is every likelihood that the accused will influence the witnesses, tamper with the evidence and hamper further investigation; the accused has not furnished details of his foreign businesses, assets and investments; the facility for removal of maxillofacial cysts and heart checkup are very well available in India and the medical documents do not show that the respondent s situation is such that he needs to travel abroad. 6. Notice was issued. Reply has been filed. 7. I have heard the arguments. 8. During the arguments, it has been submitted that there are allegations that monetary transactions of about 12 Crores are under investigation. The order from the learned Special Judge was obtained by misleading the said Court. The apprehension is that the respondent will not return back; he has not disclosed his foreign assests and businesses; no genuine reason has been given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal but he does not want to get himself admitted to the said hospital. There is no appointment available for the surgery in AIIMS till the end of August, 2022. Moreover, AIIMS does not have the facility of 640 Slice CT Scan. So, the respondent has to urgently travel to UK to get the necessary heart checkups and to have the the surgery done. 11. The petitioner has cited the following judgements in support of his contentions: (i) Civil Appeal Nos. 4146-47/2011, titled Nicks (India) Tools v. Ram Surant and Another (2004) 8 SCC 222 (ii) CRL.M.C. 1748/2022, titled Directorate of Enforcement v. Kanwar Deep Singh (iii) BAIL APPLN. 926/2022, titled Sajjan Kumar v. Directorate of Enforcement (iv) BAIL APPLN. 2566/2021, titled Christian Michel James v. Directorate of Enforcement (v) BAIL APPLN. 4185/2021, titled Gautam Thapar v. Directorate of Enforcement (vi) BAIL APPLN. 4295/2021, titled Raj Singh Gehlot v. Directorate of Enforcement I have gone through these judgements, which were passed in their peculiar facts and circumstances. 12. A report has been also placed on record by the petitioner obtained from medical Superintendent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved in AIIMS then how the machines available in Apollo Hospital can be of any help? 18. The petition is without any merit and the same is hereby dismissed. However, I deem it proper to put one more condition in addition to the conditions put by the learned Trial Court while granting the permission to the respondent to travel abroad and the said condition is that the respondent shall share all his Mobile numbers with the officials of the petitioner and he shall keep the mobile location on at all times. 19. In case, the respondent violates any of the conditions mentioned in the impugned order as well as the condition put today, the official of the petitioner are at liberty to move the Court of learned Special Judge for recalling the said order. 20. The petition is accordingly disposed of. 21. Copy of this order be sent to the learned Special Judge. 22. Permission is granted to the respondent to travel abroad for a period of one month after making necessary arrangements for his travel. He shall file the itinerary before the learned Trial Court, mentioning the details of his travel, details regarding his stay in London as well as Hospitals, which he will be visiting and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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