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TMI Blog2022 (5) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... sed. - CRL.M.C. 1748/2022 - - - Dated:- 24-5-2022 - HON'BLE MR. JUSTICE YOGESH KHANNA Petitioner Through: Mr. Zoheb Hossain, SPP with Mr. Vivek Gurnani, Mr. Shoaib Alvi, Advocates. Respondent Through: Mr. Vikram Chaudhari, Senior Advocate with Ms. Ria Khanna, Mr. Keshavam Chaudhari, Mr. Rishi Sehgal, Mr. Gunjan Rishi, Mr. Prabhneer Swani, Advocates. O R D E R CRL.M.A. 8502/2022 1. This application is filed by the applicant with the following prayer: a) Vacate the stay granted vide order dated 22.04.2022 whereby, the permission granted by the trial court to the applicant/respondent to travel to the U.S.A. for treatment of his prostate cancer, has been kept in abeyance, as the restraint so posed may result in a grave miscarriage of justice; 2. The learned Trial Court passed the following impugned order dated 08.04.2022 as under: 13. It was submitted on behalf of ED that the medical documents did not highlight the condition of the applicant/ accused No.7 and that a medical board be constituted to assess his situation. The previous conduct of the applicant/ accused No.7 when he had been remanded to custody was also adverted to. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtend his stay abroad without permission of this Court. iv. That the applicant/Accused No.7 shall not tamper with the evidence or influence witnesses in any manner and shall not use the permission granted to him contrary to the rules. v. This permission shall be subject to other applicable rules and shall not be deemed as direction to any other authority except the permission from the side of the Court. vi. During his stay abroad. Applicant/accused No.7 shall be represented before the Court by his counsel and no adjournment shall be requested on his behalf due to his absence. vii. That the applicant / accused No.7 shall give the details of his stay in U.S.A. and contact address and number used by him during that period. viii. That the applicant/ accused No.7 shall not travel outside Los Angeles, USA without express permission of this Court. ix. That the applicant/ accused No.7 shall not cry to contact his brother (who has moved the application for anticipatory bail In the Court of Ld. Special Judge, CBI, Chandigarh). x. That the applicant/ accused No.7 shall not deal with any property in USA while he is in USA. 3. The reply filed by the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not to cooperate in the ongoing investigations. 4. The statements were recorded under Section 50 of various directors one of whom stated the petitioner has a Mansion in Malibu, America and further details of assets of the petitioner in Chicago and his relationship with M/s.Phoenix Hotels are also detained. It was stated by Mr.Gurjeet Singh, his brother that petitioner has three hotels, two of them in Phoenix viz. Sheraton and Fourpoint and one in Chicago viz. Holiday Inn, near Six Flags in Gurnee and he also owns a night club in Chicago and two night clubs in Wisconsin and a mansion in Malibu. 5. Reference is also made to an order dated 22.04.2022 passed by this Court as under: 4. It the submission of the learned counsel for the petitioner the respondent herein is facing investigation for the offence under Section 3 of the Prevention of the Money Laundering Act (hereinafter referred as PMLA) and he is the Chairman Emeritus of Alchemist Group of companies and is a sole controller of funds raised from the investors and its further diversion in other group companies for his own benefits. It is further submitted the information shared by the Income Tax Department rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with Prostate Cancer doesn t want surgery, he can be treated with medical and radiation treatment. Such treatment is available in India. 7. Further he referred to various medical documents to show Cryoablation Therapy which is sought for by the petitioner herein to treat the cancer at an early stage of disease being available in our country at various hospitals including Artemis Hospital, Gurugram; AIIMS, Delhi; Medanta, The Medicity, Gurugram; Aster Medicity, Kerala; Indraprastha Apollo Hospital and various other hospitals including at Chandigarh and at Max Super Speciality Hospital, Saket. 8. Certain documents viz. chats are also shown to me of investors who had deposited their hard earned life savings with respondent s group companies have suffered hard financial crisis, having no money for their own treatment and of their near ones and some of them are dying of diseases, hence, it is argued the petitioner cannot be allowed to go abroad only to get a treatment which rather is available in India, especially when his creditors have no money for their own treatment. 9. The learned senior counsel for the respondent on the other hand has referred to following judgments to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be entitled to leave India. Father Allain and Sister Margarete are present in court and they have given their consent to this arrangement as security for the petitioner's return to India after one year. xxxxx 11. Further in Manoj Kumar Babulal Punamiya vs. State of Jharkhand through Directorate of Enforcement in SLP (Crl.) 4516/2012 , the Court held as under: The petitioner/applicant is facing trial under the Money Laundering Act and the trial is in progress. Since the petitioner/ applicant is suffering from a serious ailment and the Stem Cell therapy to treat the aforesaid disease is not available in our country, we permit the petitioner/applicant to go to Singapore where the said Stem Cell therapy is available with the following conditions: 1. to 7. xxxx 12. In Manoj Kumar Babulal Punamiya (supra) the stem cell treatment was not available in India, and whereas in Miss Marie Andre (supra), she was allowed to take treatment of Cancer in Canada as all her family members were stationed there, which is not the case here. The treatment sought for is very much available in India and all his family members are also in India, hence considering the allega ..... 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