HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 12/2023 Ashutosh Bajoria S/o Late Shri Shrigopal Bajoria, Aged About 45 Years, Managing Director Of M/s Agribiotech Industries Ltd., Resident Of Plot No. 404, Nemi Sagar Colony, Vaishali Nagar, Jaipur, Rajasthan.

----Petitioner Versus Rajesh Kumar Sharma, Assistant Director, Directorate Of Enforcement, 2nd Floor, Jeevan Nidhi-II, L.I.C. Building, Bhawani Singh Road, Jaipur - 302005. Through Standing Counsel For The Union Of India.

----Complainant / Respondent For Petitioner(s) : Mr. A.K. Gupta, Sr. Advocate with Ms. Savita Nathawat Mr. Ashutosh Bhatia Mr. Sourabh Pratap Singh Chouhan Mr. Anoop Meena and Mr. Gaurav Sharma For Respondent(s) : Mr. Anand Sharma Mr. Akshay Bhardwaj, for Mr. R.D. Rastogi, ASG HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Reserved on : 04/01/2023 Pronounced on : 06/01/2023

ORDER

(1) By way of present petition filed under Section 482 Cr.P.C. of the Code of Criminal Procedure (for short ‘Cr.P.C.’), the petitioner has approached this court with the following prayer :-

“It is, therefore, most respectfully prayed that, in view of the above mentioned facts and circumstances and in the interest of justice, this Hon’ble Court may be pleased to accept and allow the present petition and quash and set aside the order dated 22.12.2022 and consequently permit Petitioner may be given permission to travel Singapore for ten days from 04.01.2023 upto 14.01.2023 and Dubai from 15.01.2023 upto 19.01.2023 on any condition that may be imposed by this Hon’ble Court.

Any other appropriate orders as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

(2) Facts in brief of the case are that Assistant Director, Directorate of Enforcement filed criminal complaint No. 3/2021 against the petitioner and other co-accused for the offence under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short ‘the Act of 2002’) before the Special Court (PMLA, 2002) Special Judge (CBI Cases) No. 3, Jaipur Metropolitan-I (for short ‘the Trial Court’) wherein cognizance was taken against the petitioner and co-accused for the above offences vide order dated 12.07.2021 and arrest warrants were issued against them. The arrest warrants were received back unserved with the report of Head Constable that out of fear of arrest, the petitioner has absconded. After receipt of the above report, the Trial Court issued standing arrest warrants against the petitioner and notice under Sections 82, 83 Cr.P.C. were also issued for appearance of the petitioner vide order dated 08.09.2021. Thereafter the petitioner submitted an application under Section 70(2) read with Section 71 Cr.P.C. for converting the arrest warrants into bailable warrant. However, the said application was rejected by the Trial Court vide order dated 15.02.2022.

(3) Feeling aggrieved by the order dated 15.02.2022, the petitioner submitted S.B. Criminal Misc. Petition No. 5350/2022 before this court and on 17.06.2022 the coordinate bench of this court passed the following order :-

“Learned counsel for petitioners submits that the trial court vide order dated 12.07.2021 took cognizance for the offences under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 and issued arrest warrant against petitioners. He further submits that the trial court has not given any reasons and circumstances for issuance of arrest warrant whereas petitioners are not absconding rather ready to appear before the trial court and submit their bail bonds.

Petitioners moved an application under Section 70(2) of Cr.P.C. to convert non-bailable warrant into bailable warrants but vide order dated 15.02.2022 same has also been dismissed.

The Hon’ble Supreme Court in case of Inder Mohan Goswami & Anr. vs. State of Uttaranchal & Ors. Reported in [(2007) 12 SCC 1] has opined that the non-bailable warrant to summon the accused persons shou