Delhi High Court - Orders
Mehroze Khan vs C.B.I on 29 May, 2024
Author: Amit Sharma
Bench: Amit Sharma
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 785/2013
MEHROZE KHAN ..... Appellant
Through: Mr. Asim Ali, Advocate.
versus
C.B.I. ..... Respondent
Through: Mr. Prasanta Varma, SPP for CBI
with Mr. Pankaj Kumar, Ms. Pragya
Verma and Mr. Rakesh Kumar Palo,
Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 29.05.2024 CRL.M.A. 17077/2024 (Preponement of hearing)
1. The present application under Section 482 of the CrPC seeks following prayers:-
"It is, therefore, most respectfully prayed that this Hon 'ble Court may very graciously be pleased to:- .
(i) Pre-pone the date of hearing on the pending Criminal M.A. No. 13687/2024, fixed for 02.08.2024, to an early date, most convenient to this Hon'ble Court, in the interest of justice;
(ii) pass such other or further order/orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. Issue notice.
3. Learned SPP for the CBI accepts notice.
4. In view of the averments made in the application and in the interest of justice, the present application is allowed and disposed of accordingly.
5. The matter is taken up for hearing today.
6. Date already fixed, i.e., 02.08.2024, stands cancelled.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 23:33:38 CRL.M.A. 13687/2024 Permission to visit Abroad (Saudi Arabia)
7. The present application under Section 482 of the CrPC seeks following prayers:-
"(i) Grant necessary permission to the appellant to visit abroad (Saudi Arabia) for the purpose of Holly Haj, for a period of two months only, w.e.f. 08.06.2024, in the interest of justice;
(ii) pass such other or further order/orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
8. Learned counsel appearing on behalf of the applicant/appellant seeks permission for latter to travel to Saudi Arabia from 10.06.2024 to 20.06.2024 for the purposes of pilgrimage (Hajj). It is pointed out that vide order dated 14.02.2024 this Court permitted the applicant/appellant for renewal of passport with direction that applicant/appellant on renewal of the same shall intimate the Investigating Officer as well as this Court.
9. It is submitted that the renewed passport bearing No.Y1375256 of the present applicant/appellant was issued for a period of 04.04.2024 to 03.04.2026 and the same was intimated to the Investigating Officer as well as this Court vide CRL.M.A. 13691/2024.
10. Reply has been filed on behalf of CBI raising objections with regard to the present application. It is pointed out that applicant/appellant has not given any itinerary with regard to the aforesaid travel and apprehensions have been expressed with regard to non-return of the applicant/appellant to India.
11. Heard learned counsel for the parties and perused the record.
12. The appellant/applicant was convicted for the offences punishable under Sections 7 and 13(l)(d) read with 13(2) of the Prevention of Corruption Act (in short 'PC Act'), 1988. He was sentenced to undergo This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 23:33:38 rigorous imprisonment for 01 year alongwith fine of Rs. 10,000/- and in default of payment of fine, further simple imprisonment for 02 months, for offence punishable under Section 7 of the PC Act. The appellant/applicant was further sentenced to undergo rigorous imprisonment for 02 years alongwith fine of Rs. 10,000/- and in default of payment of fine, further simple imprisonment for offence punishable under Sections 13(l)(d) read with 13(2) of the PC Act. The sentence of the applicant/appellant was suspended by this Court vide order dated 23.07.2013 and nothing has been placed on record that the applicant/appellant has misused the liberty granted to him post the suspension of sentence as well as during the period of trial when he was on regular bail.
13. In totality of the facts and circumstances of the case, the present application is allowed. The present applicant/appellant is permitted to travel to Saudi Arabia from 10.06.2024 to 20.06.2024 (both days inclusive), subject to following conditions:-
(i) The applicant/appellant shall give a detailed itinerary to the Investigating Officer including the flight details.
(ii) The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times.
(iii) The applicant shall give details of the place of stay during his visit to Saudi Arabia.
(iv) Upon his return to India the applicant shall intimate the Investigating Officer within 24 hours.
14. With the aforesaid directions, the application is partly allowed and disposed of accordingly.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 23:33:38
15. Order be uploaded on the website of this court forthwith.
AMIT SHARMA, J MAY 29, 2024/sn Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 23:33:38