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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 2896/2022, CRL.M.A. 12185/2022 & 12738/2022

DIRECTORATE OF ENFORCEMENT

..... Petitioner

Through:

Mr. Zoheb Hossain and Mr. Vivek

Gurnani, Advocates.

versus

JATINDER PAL SINGH

..... Respondent

Through:

Mr. J.P. Singh, Mr. H.S. Bhullar, Ms.

Manisha Mehta and Mr. Indronil

Mohan, Advocates.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

TALWANT SINGH, J.:

1.

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:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002691

(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 4^th 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

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002691

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

a