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.

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:

(i) That applicant/accused shall furnish personal bond in the sum of Rs.3,00,000/- in addition to personal bond.

(ii) That applicant/accused shall also furnish one local surety in the sum of Rs.3,00,000/- in addition to surety bond.

(iii) He shall inform the court about his arrival in India within 72 hours of completion of his entire journey.

(iv) In any eventuality, applicant/accused shall not request for extension of staying abroad.

(v) He shall not tamper with the evidence nor try to influence any witness in any manner and will not use the permission granted to him contrary to the rules.

(vi) During his stay abroad, applicant/accused shall be represented before the court by his counsel and no adjournment shall be requested due to absence of accused.

(vii) He will submit the address of his stay during th intervening period of halt in the countries he intends to travel.

(viii) He shall surrender his passport to the Court within 72 hours of his arrival in India after completion of his journey."

2. The brief facts of the case are that ECIR No. 55/2010 was registered against the present accused on the basis of FIR registered by CBI in a case relating to renewal of 4th batch admissions during academic year 2010-2011 of a medical college in Patiala and the proceeds of crime were generated, concealed and projected as untainted.

2.1. CBI had recovered Rs.2 Crore bribe amount from the premises of the respondent and he was arrested. Thereafter, the complaint was filed before the learned Special Judge. During the course of investigation, a raid was conducted at the residence of the accused/respondent on 10.02.2020 and certain records were seized regarding the company of the respondent using forged documents/invoices to make bogus entries in the books of its accounts and using the same as genuine.

3. On 02.12.2021, the matter was refered to EOW of Delhi Police and FIR No. 0200 was registered for commission of substantive offences under Section 120B read with Sections 420/468/471 IPC against the respondent and others.

3.1. Searches were again conducted at the residence of the respondent on 30.12.2021 and various incriminating documents and electronic devices were found and seized.

3.2. The accused was arrested on 31.12.2021. He was bailed out on 17.01.2022 and a condition was put that he shall not leave the country without the permission of the Court.

3.3. Directorate of Enforcement has challenged the said order of bail before this Court by filing separate proceedings and notice has been issued by this Court.

4. The prosecution complaint was filed on 28.02.2022. The respondent moved an application for release of his passport and for permission to go abroad for a period of one month, which was opposed by the present petitioner, however, the learned Spec