Central Bureau Of Investigation v. Moin Akhtar Qureshi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 14, 2019 + CRL.M.C. 760/2019 and Crl.M.A. 3098/2019 CENTRAL BUREAU OF INVESTIGATION ..... Petitioner Through:

Mr. Sanjeev Bhandari, SPP for CBI with Mr. Prateek Kumar, Advocate

Versus

MOIN AKHTAR QURESHI ..... Respondent Through:

Mr. R.K. Handoo, Mr. Yoginder Handoo and Mr. Aditya Chaudhary, Advocates

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

(ORAL) Petitioner has aggrieved by trial court's order of 1st February, 2019 vide which respondent has been allowed to travel abroad upon furnishing of FDR/Bank Guarantee of ₹2 Crores.

Learned Special Public Prosecutor for CBI draws the attention of this Court to order of 18th December, 2018 (Annexure A-4) of co-accusedPradeep, vide which a Coordinate Bench of this Court has allowed the co-accused-Pradeep to travel abroad upon furnishing of FDR/Bank Guarantee of ₹6 Crores and so, it is submitted that on parity basis impugned order deserves to be modified while requiring respondent to furnish FDR/Bank Guarantee of ₹6 Crores.

On the contrary, learned counsel for respondent submits that condition of furnishing of FDR/Bank Guarantee of ₹2 Crores is CRL. M.C. 760/2019

unjustified as liberty of an accused cannot be curtailed. It is submitted that respondent has filed an application before the trial court to reduce the FDR/Bank Guarantee amount from ₹2 Crores to ₹50,00,000/- as on earlier occasions, respondent has travelled abroad while furnishing FDR/Bank Guarantee of ₹50,00,000/-.

Upon hearing, on perusal of impugned order, order of 18th December, 2018 (Annexure A-4), reply of respondent and the material on record, I find that respondent was allowed to travel abroad earlier while furnishing FDR/Bank Guarantee of ₹50,00,000/- but to maintain parity with co-accused-Pradeep, respondent has to now furnishing FDR/Bank Guarantee of ₹6 Crores as the case of respondent and co-accused-Pradeep is said to be at par. In the reply filed by respondent it is not stated that respondent is not able to furnish the FDR/Bank Guarantee of ₹6 Crores. In the facts and circumstances of this case, it deemed appropriate to put respondent at par with co-accused-Pradeep. Thus, impugned order of 1st February, 2019 is modified to enhance the FDR/Bank Guarantee amount from ₹2 Crores to ₹6 Crores.

With aforesaid modification, this petition and application are accordingly disposed of.

A copy of this order be given dasti to learned counsel for the parties under the signatures of Court Master. (SUNIL GAUR) JUDGE FEBRUARY 14, 2019 p'ma CRL. M.C. 760/2019