Praful Jain vs Central Bureau Of Investigation
2023 Latest Caselaw 648 Del

                                              Neutral Citation Number 2023/DHC/001492


                          $~25
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CRL.M.C. 714/2022

                                PRAFUL JAIN                                             ..... Petitioner

                                                   Through:      Mr. Pradeep Chhindra, Advocate

                                                   versus

                                CENTRAL BUREAU OF INVESTIGATION                         ..... Respondent

                                                   Through:      Mr. Nikhil Goel, SPP for CBI with
                                                                 Mr. Kartik Kaushal, Advocate.

                          %                        Date of Decision: 23rd February, 2023
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                       JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. Present petition has been filed seeking the following prayers:-

"i. Direct the Ld. Spl.Judge (PC ACT)CBI -21, Rouse Avenue Courts, New Delhi (herein referred as Ld. Trial Court) to release the passport of the petitioner/accused Praful jain Passport bearing no. T3147992 in FIR No. RC AC.1 2018 A0012/2018 P.S. CBI/AC-1.

ii. And further be pleased to allow the petitioner to travel abroad on business purpose till the final disposal of the present case subject to such terms and conditions, Hon'ble court may deem fit and proper in the interest of justice."

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:01.03.2023 17:23:19 Neutral Citation Number 2023/DHC/001492

2. Learned counsel for the petitioner submits that this Court in Bail Appl. No.1742/2018 titled as Praful Jain vs. Central Bureau of Investigation was pleased to grant bail to the petitioner, however, bail was granted subject to the condition that the petitioner will not leave the country and if he possesses a passport, the same shall be deposited before the Trial Court. Learned counsel for the petitioner submits that in compliance to the orders of this Court, the passport of the petitioner bearing No.T3147992 was deposited with the learned Trial Court.

3. Learned counsel for the petitioner further submits that the petitioner is in the business of construction and sometimes he is required to travel at a very short notice and therefore his passport may be released and the condition regarding seeking permission may also be diluted. Learned counsel submits that the petitioner may be granted permission to visit abroad with intimation to the learned Trial Court.

4. Learned special counsel for the CBI has opposed the prayer of the petitioner. Learned special counsel for CBI submits that the bail granted to the petitioner was subject to the condition that he will not leave the country and he will deposit the passport before the learned Trial Court. Learned counsel for the petitioner submits that both the conditions may not be there.

5. I consider that interest of justice would be served and the rights of the parties would be balanced if the passport of the petitioner bearing No.T3147992 deposited before the learned Trial Court is released to the petitioner. Accordingly, the passport bearing No.T3147992 be released to the petitioner and copy of the same be retained by the learned Trial Court.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:01.03.2023 17:23:19 Neutral Citation Number 2023/DHC/001492

However, the petitioner shall seek the permission of the learned Trial Court before visiting abroad.

6. With these directions, the present petition stands disposed of.

DINESH KUMAR SHARMA, J FEBRUARY 23, 2023 st

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:01.03.2023 17:23:19