Central Bureau Of Investigation vs Moin Akhtar Qureshi
2019 Latest Caselaw 998 Del

*     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
                   ORDER

(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-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

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