SUSHIL ANSAL Vs. STATE

JUDGEMENT

(1.) THIS order shall deal with few applications; one made by the appellant, Sushil Ansal, being Criminal M. A. No. 1803 of 2008, another made by the appellant, Gopal Ansal, being Criminal M. A. No. 2010 of 2008 and the applications made by the respondent/cbi. Former two applications are made by the appellants for return of their passports unconditionally whereas in the applications moved by the CBI, a prayer is made that to ensure the presence of the appellants, condition for deposit of their passports and also to seek permission from this court for going out of the country be imposed.

(2.) I have heard on all these applications. It is urged by learned senior counsel appearing for the appellants that throughout the trial, which lasted for about eleven years, their respective passports remained with them and they never misused them. It is further urged that though both the appellants went abroad good number of times but never misused their passports and they returned back to their country and therefore, there is no likelihood of their fleeing the process of justice, if passports are returned to them. It is also contended that the appellants being businessmen of repute, having deep roots in society because of established business in Delhi and in other parts of India, would never flee from justice if their passports are returned to them.

(3.) ON the other hand, learned Additional Solicitor General of India assisted by Special Prosecutor, argued that now since they have been held guilty by the trial judge vide impugned judgment dated 20. 11. 2007 and sentence have been imposed on them vide order 23. 11. 2007, their passports should not be returned to them as they might leave country in order to evade sentence awarded to them. He further urged that although during the trial, the passports remained with them but at that time, they were only offenders and not the convicts and now since they have been held guilty by the orders of the additional Sessions Judge, therefore, their passports should be impounded. In the alternative, it is stated in their application that if passports are given to them, appropriate conditions be imposed on them so as to ensure their return when they go abroad.