Full Judgment Text
* 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)
st
Petitioner has aggrieved by trial court’s order of 1 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
th
this Court to order of 18 December, 2018 ( Annexure A-4) of co-accused-
Pradeep, 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 Page 1 of 2
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/-.
th
Upon hearing, on perusal of impugned order, order of 18
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
st
1 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
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