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DELHI HIGH COURT
TALWANT SINGH
Directorate of Enforcement – Appellant
Versus
Jatinder Pal Singh – Respondent
| Table of Content |
|---|
| 1. overview of the case and history of proceedings. (Para 1 , 2 , 3) |
| 2. arguments against travel permission and public interest considerations. (Para 4 , 5) |
| 3. counterarguments presented by the respondent regarding medical necessity and previous travel. (Para 8 , 9 , 10 , 14 , 16) |
| 4. discussion regarding respondent's previous compliance with court conditions. (Para 12 , 13) |
| 5. court's decision and conditions for granting travel permission. (Para 18 , 19) |
| 6. conclusion and order for travel permission. (Para 20 , 21 , 22 , 23) |
JUDGMENT
Talwant Singh, J. The present petition has been filed seeking setting aside of order dated 08.06.2022 passed by the learned Special Court, PMLA whereby the respondent was granted permission to travel abroad. The relevant portion of the said order is reproduced here under:
"In view of the above, the application of applicant/accused is allowed.
Applicant/accused is allowd to travel to England with effect from 25.06.2022 to 25.07.2022 subject to th terms and conditions as contained in the order dated 06.09.2019 of Ld. Special Judge (PC Act): (CBI)-11, Rouse Avenue, Delhi in CC No. 55/19 titled as ED Vs. Jatinder Pal Singh which are as follows:
(
The court held that an accused can be permitted to travel abroad for medical treatment if there is no substantial evidence of risk of tampering with evidence or of failing to return.
The seriousness of the allegations, the availability of medical treatment in India, and the risk of the petitioner fleeing the country were key considerations in the court's decision.
The right to travel must be balanced with the right of the prosecuting agency to ensure the accused attends trial and does not abscond.
The court's decision was based on the consideration of the petitioner's medical condition, cooperation in the investigation, and the ongoing nature of the investigation by the Enforcement Directorate....
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