TMI Blog2021 (8) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 300/- crores has been committed by the accused in conspiracy with each other. As per the allegations of the charge-sheet, the petitioner Gaurav Kirpal is the Director of M/s. Sai Bhakti Impex Private Limited and proprietor of M/s. Best Exports and is also authorized signatory of M/s. Omkara Worldwide Traders Private Limited and 3 fraudulent buyer's credit were issued showing M/s. Sai Bhakti Impex Private Limited as applicant. As per the accounts of M/s. Sai Bhakti Impex Private Limited, M/s. Best Exports and M/s. Omkara Worldwide Traders Private Limited, payments were made for bearing the expenses of Air travel tickets of main accused Ashu Mehra and his family members - the allegations against the petitioners are that he is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adymade garments and the FIR was registered on a complaint given by the Indian Overseas Bank, Zonal Office, Delhi, to Central Bureau of Investigation (CBI) for the fraud committed by Assistant Manager, Forex Department, Indian Overseas Bank, Sector 7, Chandigarh along with other accused including the petitioner. Counsel for the petitioner has further submitted that the petitioner was a frequent traveller to various countries in connection with his business of readymade garments and till 2016, he was visiting abroad and on 10.08.2016, when he was going to Dubai, he was stopped at the Immigration deck of IGI Airport, New Delhi on the basis of the restrictions imposed by the CBI. Counsel for the petitioner has also submitted that the pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons had been filed by the applicant and while the CBI court had dismissed his application, the PMLA court had allowed his application. Against the dismissal of application by the CBI Court, a revision had been filed, but withdrawn with the right to contest the application before the Trial Court. It was argued that the applicant needs to go abroad to conduct his business and recover his money and do new business dealings. He has even now filed his schedule of travel whereby he needs to go to Dubai for six days and USA for fourteen days. It was further argued that it is the right of the applicant/accused to travel abroad and this right cannot be curtailed. In support of this contention, reliance was placed on the principle laid down by Hon bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of the CBI, the acts of the accused and other accused has caused loss to the tune of about ₹ 299 crores to the Indian Overseas Bank. Accused has filed a simple application seeking permission to go abroad to do business dealings, but in his entire application there is no mention of any company with which the accused is required to do any dealings. There is no mention as to which company owes any money to the applicant/accused. There is no mention as to whether he has received any invitation to visit any company. There is no mention as to where his goods have got stuck and there is nothing which would make the matter clear about the needs of the accused to go abroad. 8. While in his application, the accused has stated that he wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or counsel for the respondent CBI, has heavily opposed the submissions made by counsel for the petitioner on the ground that the petitioner in connivance with other co-accused has committed a fraud of ₹ 300/- crores and further argued that there is every possibility that the petitioner may flee from the country if, granted permission to travel abroad. After hearing the counsel for the parties and going through the documents relied upon by the petitioner, I find that the charge-sheet has already been presented before the trial Court and upon framing of the charges, the trial is likely to commence soon as it is already delayed for a period of about 05 years. In the charge-sheet there are serious allegations against the petitioner a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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