9911796707
TMI Blog2023 (9) TMI 1550X X X X Extracts X X X X X X X X Extracts X X X X ..... of Prophylactic Laser Retinopexy is available in India and permission should not be granted to the petitioner to travel abroad. The contention of the petitioner that the passports of her daughter or father may be detained, cannot be accepted as admittedly they are also British nationals. Taking into account that the facts are serious in nature and the medical treatment is available in India, the order of the learned Trial Court is well reasoned, there is no ground to consider the prayer for travela broad of the petitioner. It is also a settled proposition that the power under Section 482 Cr. PC is to be exercised wherein such power can only be used to prevent the miscarriage of justice or abuse of the process of law. It is not considered that this is the case where the order of the learned Trial Court can be interfered while exercising the powers of Section 482 Cr. PC. The learned Trial Court has dealt with the matter in accordance with the law. Hence, there is no ground for the same, petition dismissed. - Hon'ble Mr. Justice Dinesh Kumar Sharma For the Petitioner : Mr. Ramesh Gupta, Sr. Adv. with Mr. Puneet Relan, Mr. Irfan Muzamil, Advs. with petitioner in person. For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in M/S Zenica Cars India Pvt. Ltd and M/S Zenica Performance Cars Pvt Ltd. The aforesaid companies are registered under the Companies Act, of 1956 and are the dealers of Audi and Porsche cars. The accused acting on behalf of the company approached the HDFC bank to seek various credit facilities and as per the banking procedures, the credit facilities were extended by the bank on the basis of various financial and other documents and information provided by the accused acting on behalf of the company and in order to secure the credit facilities a Deed of Hypothecation was executed between the Petitioner and the bank. The facilities sanctioned by the HDFC bank were renewed from time to time based on the documents submitted by the company. Subsequently, it was informed to the bank that the company had been suffering huge losses for the last 4 financial years and had been forging the documents to obtain credit facilities. 5. Thereafter, it has been alleged that during a comprehensive stock audit conducted by the bank, it was discovered that the various documents which were submitted by the Petitioner were forged and in order to obtain the same, Petitioner had misrepresented their out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tage of scrutiny of documents. 8. Mr. Ramesh Gupta, learned senior counsel for the petitioner submits that the accused moved an application before the Learned Trial Court to set aside LOC suspension of sentence which was dismissed vide order dated 11.10.2022 as treatment can easily be done in India. It has been submitted by the learned senior counsel for the petitioner that the petitioner is aggrieved by the order dated 11.10.2022 whereby the bail application of the petitioner seeking permission to travel abroad to undergo medical treatment for his rare medical conditions affecting his vision was erroneously dismissed by the learned trial court on the ground that: - a. the petitioner has played a major role in the present money laundering case and; b. has also attempted to flee away from the country on registration of the FIR dated 29.08.2018 without informing the investigation agency and did not approach the trial court for getting the LOC set aside; c. There was no document on record to suggest that such medical procedure and treatment cannot be done safely in India; d. The father of the petitioner has been made the surety who is also an accused in the present case and was suffer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... around Rs 150 Crores. 12. It has been further submitted that the petitioner was not arrested during the course of the investigation. The learned trial court has also held that there is no material on record shown by the respondent that the accused is tampering with the evidence or threatening the witnesses or shows any danger of absconding or fleeing and therefore, granted bail to the petitioner along with his father. 13. The Learned Senior Counsel further submitted that the mere fact that the petitioner is a British national who has been residing in India since 2008, should not be a prime consideration for this or any of the courts to deprive him of his fundamental right to travel abroad and that too for medical treatment. 14. It has further been submitted by the Learned Senior Counsel for the petitioner that EOW of Delhi police registered an FIR pursuant to the LOC on 30.08.2018 and the petitioner was scheduled to travel to London on 31.08.2018, to attend the marriage ceremony of his cousin. The petitioner was illegally arrested by the official of EOW. It has been submitted that the learned trial court has taken a fallacious view that the petitioner was trying to flee from the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osited. 19. Moreover, the petitioner is ready willing to furnish two more sureties amounting to Rs. 5 Crores, if this Hon'ble Court permits him to travel, which can be released upon his return back to India. It has further been stated that the petitioner is permitted to go to London then he will be staying at his sister's house at 25 Woodside A venue, Beaconsfield, HP9 1 JJ; and he will be using telephone no. 00447799531525; he upon reaching London, will share his live location or Google pin with the Investigating Officer.; lastly, he will appear through VC before the Learned Trial Court, if on the date of hearing, he is in London and no adjournment will be sought by his counsels due to his absence. 20. Mr. Zoheb Hossain, learned Special Counsel for the respondent opposing the contentions made by the learned senior counsel for the petitioner submitted that the present petitioner is an accused in a case of money laundering pertaining to a bank fraud wherein the Proceeds of Crime are Rs. 1,20,57,96,522/-. The prosecution filed a complaint on which Learned special court took cognizance vide order dated 17.03.2021 which is now pending trial and is at the stage of framing of cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l treatment, on the ground that the said treatment was available in India. Further, the Hon ble Supreme Court has also approved the said approach by way of its recent order dated 18.08.2023 wherein the SLP (Crl) Diary No. 24253/2023, which was filed against this Court s judgment dated 24.05.2023 in Crl. M.C. 6638/2022, has been dismissed as withdrawn after hearing arguments. 24. Learned counsel for the E.D, submitted that the petitioner tried to flee from the country on within the days of registration of the FIR against him without any prior information to the investigation agencies. It was only when the LOC was issued against the petitioner that he was apprehended at the airport when he was trying to flee. Such conduct of the petitioner is to delay the trial proceedings and cannot be overlooked. 25. Mr. Zoheb Hossain, learned Special Counsel has contended that the petitioner has several properties located abroad including Italy, and Britain and has sufficient means to sustain himself. Since India does not have any extradition with Italy there is a huge possibility of the accused fleeing way. 26. Mr. Zoheb Hossain, learned Special Counsel has submitted that the Petitioner is also a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that every person has the right to get effective and proper medical treatment. Anybody has the right to have the medical treatment. Right to live healthy life with dignity is fundamental right of every citizen of this country. Therefore this court has always been of the firm view that the person should get all necessary medical treatment or being health. However, at the same time while dealing with such matter the court has to balance the right of the individual with the right of the prosecuting agency. The right of the prosecuting agency is equally important that is to ensure that the accused attends to the trial and may not abscond. The court has to strike a balance and to see that the person who has approached the court should not be deprived of the effective medical treatment and at the same time prosecuting agency may not suffer on account of non-availability of the accused person. In this regard, the report of the medical board becomes very important. The medical board has specifically stated that the treatment which is required for the petitioner can be provided in various medical institutions across India. It is also a matter of record that the order dated 24.05.2022 has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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