The absence of chargesheet by CBI, lack of evidence indicating the petitioners as a flight risk, and their deep rooted ties in the country were considered as grounds for allowing the interim permission to travel abroad.

ORDER

CM APPL. 23632/2022 (Permission)

1. This application has been preferred by the petitioners for being accorded interim permission to travel abroad between 01 August 2022 to 30 August 2022 and time to time thereafter. Mr. Rohatgi, learned Senior Counsel appearing in support of the application has however submitted that the petitioners at this stage seek to restrict the permission sought for the month of August only.

2. The aforesaid prayer is addressed in the backdrop of Look Out Circulars [LOC] having been issued against the petitioners. The LOC in turn had come to be opened pursuant to the registration of two FIR's dated 2 June 2017 and 19 August 2019. The Court notes that although investigation is ongoing, till date no chargesheet has been filed by CBI. From the record the Court notes that an earlier LOC which had been issued had expired on 19 June 2020. A second LOC is thereafter stated to have been opened on 11 January 2021. Although Mr. Rohatgi contends that the aforesaid Circular would not subsist after the expiry of one year from the date of its issuance, the said contention is opposed by learned Counsel appearing for the CBI who contends that in terms of the Office Memorandum dated 22 February 2021, the LOC would continue to operate notwithstanding a period of one year having lapsed. The Court thus proceeds on the basis that the LOC of 11 January 2021 which had been opened still subsists.

3. The credentials of the petitioners are set forth in the application which has been moved. From the affidavit which has been tendered on behalf of the CBI, the Court notes that various allegations are levelled with respect to certain financial transactions which were undertaken by the petitioners in their capacity as being part of the management of New Delhi Television Ltd. However and as the record presently stands, the Court finds that the respondents do not place reliance on any material which may even remotely indicate that the petitioners constitute a flight risk. It is also not shown or established that they have failed to render cooperation in the ongoing investigation. From the material placed on behalf of the applicants, it is manifest that the petitioners have deep rooted ties in the country and consequently the prayer for interim permission as made would merit acceptance.

4. Accordingly the application is allowed. The petitioners shall consequently and in the interim be permitted to travel between 01 August 2022 to 30 August 2022, subject to the following conditions:-

(a) The petitioners shall file a requisite undertaking before the Registrar General of this Court that they shall return to the country not later than by 30 August, 2022.

(b) The petitioners will also furnish to the respondents a copy of the air tickets they have purchased for their travel, along with the complete itinerary of their stay abroad. The petitioners will also provide their phone numbers which would be used by them during their stay abroad, which numbers will be kept operational at all times.