Delhi District Court
Cbi vs Karan Bhalla on 23 September, 2019
IN THE COURT OF SH. ARVIND KUMAR: SPECIAL JUDGE
CBI-10 : ROUSE AVENUE COURTS : NEW DELHI.
CR No: 691/2019
CBI Revisionist
Vs.
Karan Bhalla
S/o Sh. Sanjeev Bhalla
R/O Flat No. 204, Plot No. 172/37
Opposite RMS School, Kirti Nagar
Sector-15,Gurgaon Respondent
Date of Institution : 30.05.2019
Date on which reserved for judgment : 18.09.2019
Date of Order : 23.09.2019
ORDER
1. Vide this order I will dispose of revision petition filed by CBI assailing the order dated 16.03.2019 passed by Ld. CMM thereby releasing the passport of the respondent.
CBI Vs. Karan Bhalla Page No. 1 of 72. Briefly stating the facts which lead to filing of present revision petition are that a case U/S 170 IPC was registered by the CBI against respondent and the charge-sheet was filed by the CBI U/S 170/420 IPC and Section 66D of IT Act, 2000 against the respondent. The allegation against respondent are that he had created emails of different public servants and personated himself as public servant and cheated different companies. One of the allegation against the respondent is that the respondent made a communication to Engineering Exports Promotion Council of India (EEPC) as well as email IDs of Office Bearer of German Embassy from email ID [email protected] for expediting German Visa to respondent and the respondent succeeded in getting German Visa on priority basis because of aforesaid impersonating mail sent to EEPC and German officials from the aforesaid fake email ID personating himself as Sh. A.K.Sharma, JS, PMO and has travelled on the said Visa on 12.04.2015. The respondent has filed an application before Ld. CMM for permission to apply for fresh passport. CBI filed reply opposing the said application. Ld. Trial Court passed order dated 16.03.2019 thereby directing IO/CBI official to release the passport of respondent. However, the Ahlmad of the Court of Ld. CMM released the passport to the respondent. The CBI challenged the aforesaid order passed by Ld. CMM. The relevant portion of order dated 16.03.2019 passed by Ld. Trial Court is reproduced herein:-
"In this case, charge-sheet has already been filed and matter is listed for framing of charge on CBI Vs. Karan Bhalla Page No. 2 of 7 19.07.19. In reply, it is not stated whether passport of applicant is case property nor it is stated that CBI has taken any steps for cancellation of passport. The earlier application was dismissed on the ground that "accused has created fake email IDs of EEPC and obtained German Visa on priority basis and he travelled also on that Visa and requisite visa entry have been made on the passport." In the judgment of Suresh Nanda Vs. CBI, 2008, AIR (SC) 1414, Hon'ble Apex Court is very clear in impounding of the passport.
The present application has been moved by applicant for permission to apply fresh passport, however, same is the authority of concerned passport authority and this court cannot permit to apply fresh passport despite the fact that applicant has already been issued passport.
In the given facts and circumstances of the case, this court does not deem it fit to pass any order regarding permission to apply fresh passport to the applicant. However IO/CBI official concerned is directed to release the passport of applicant as per rules against due acknowledgment after keeping its self attested copy on record subject to direction to accused that he shall not tamper or make any change in the German Visa sticker appended on his passport.CBI Vs. Karan Bhalla Page No. 3 of 7
sd-
CMM/PHC/New Delhi 16.03.2019"
3. I have heard Ld. Counsels for the parties
4. Ld. Counsel for CBI submits that the order passed by Ld. Trial Court is liable to be set aside as Ld. Trial Court has passed directions for release of passport although the CBI has clearly mentioned in para no. 12 of its reply filed before Ld. CMM that passport is a relied upon document. Ld. Counsel for CBI submits that passport is a case property as the German Visa affixed on the passport was obtained by creating fake email ID and impersonation by the respondent and the passport will be required at the time of evidence. It is also submitted that Ld. CMM had wrongly observed in the order dated 16.03.2019 that CBI did not state in its reply that passport is a case property.
5. On the other hand Ld. Counsel for respondent submits that the respondent need to apply for fresh passport and as per rules, the respondent is required to submit his passport to the passport authority and the same shall be returned by passport authority after putting cancellation endorsement on passport. Ld. Counsel for respondent submits that the respondent is ready to place on record his passport which is of no use to the respondent except that it has to be submitted to the passport authority for applying fresh passport. Ld. Counsel for respondent CBI Vs. Karan Bhalla Page No. 4 of 7 submits that No Objection may be granted by this Court so that he could apply for fresh passport and the condition regarding submission of old passport to the passport authority may be dispensed with as the respondent will be depositing his passport with the Ld. Trial Court.
6. I have gone through the material on record and perused the record.
7. The grievance of revisionist/CBI is that Ld. Trial Court has released the passport to the respondent while the same is a case property and will be required at the time of examination of witnesses and that respondent may not be given no objection for applying fresh passport as the respondent may escape from India. The respondent is ready to deposit the passport with the court, however, he is seeking No Objection from the court for applying fresh passport. On 07.08.2019 one official from Passport authority had appeared and submitted that for issuing fresh passport they need to cancel the old passport and same is returned after cancelling, however, if the passport is a case property or lying in the court then in that case they may dispense with filing of old passport with the Authority for cancelling it.
8. It is worthwhile recording that when Ld. CMM has passed directions to IO/CBI to release the passport, the Ahlmad of the Court should not have handed over the passport to the respondent particularly when there was no direction to the Ahlmad to hand over the said document and the respondent was also not required to take the passport from the Ahlmad when there was no such direction to Ahlmad.
CBI Vs. Karan Bhalla Page No. 5 of 79. The passport of the respondent is a case property. The respondent is also willing to deposit passport with the Ld. Trial Court. Under the facts and circumstances the respondent is directed to deposit the passport, which as per prosecution, is a case property in the Trial Court with in one week.
10. Ld. Counsel for CBI has raised objection that respondent may flee from country if he is given no objection for applying for fresh passport. It is noted that there is no condition in the bail order dated 20.02.2018 passed by Ld. Session Court putting any restriction on the accused's liberty to travel abroad. The CBI has also not opened any LOC against the accused, thus, the said objection raised by CBI is without any basis.
11. This Court has No Objection if the respondent apply for fresh passport. The passport authority may consider the request of respondent for fresh passport as per rules. The No Objection granted by this Court shall not be deemed as permission to the respondent to travel abroad. The passport authority shall not insist for deposit of original old passport at the time of applying fresh passport by the respondent as the passport of respondent is a case property and as per prosecution shall be required at the time of leading evidence. The respondent may submit copy/certified copy of the passport with the Passport Department.
12. The present revision petition stands disposed of. Revision file CBI Vs. Karan Bhalla Page No. 6 of 7 be consigned to Record Room.
13. Trial Court Record along with copy of this order be sent to the Court of Ld. CMM.
14. Copy of this order be sent to Passport Authority.
Digitally signed by ARVIND ARVIND KUMAR KUMAR Date: 2019.09.23 16:56:13 +0530 Announced in the open Court (Arvind Kumar) on 23.09.2019 Spl. Judge (PC Act) CBI-10 Rouse Avenue Courts New Delhi CBI Vs. Karan Bhalla Page No. 7 of 7 CR No : 691/2019 CBI V. Karan Bhalla 23.09.2019 Present: Sh. Naveen Giri, Ld. PP for CBI/revisionist. Ms. Anu Bhalla, mother of respondent Karan Bhalla.
Vide separate order, the revision petition filed by the revisionist is disposed of.
Revision file be consigned to record room.
Trial Court Record along with copy of this order be sent to the Court of Ld. CMM. Copy of the order be also sent to Passport Authority.
Digitally signed ARVIND by ARVIND
KUMAR
KUMAR Date: 2019.09.23
16:56:48 +0530
(Arvind Kumar)
Spl. Judge CBI-10
Rouse Avenue Courts
New Delhi/23.09.2019
CBI Vs. Karan Bhalla Page No. 8 of 7