(1.) The Directorate of Enforcement (hereinafter to be referred as 'the ED') has filed the present petition under Sec. 528 of the BNSS with a prayer to set aside the order dtd. 31/1/2025 passed by the Court of Rajeev Goyal, Special Judge, under the PMLA, at Panchkula, whereby, the respondent has been granted the permission to travel abroad (USA) for a period of 09 days in case Complaint No. COMA-01 dtd. 14/1/2022 under Ss. 44, 45, 3 and 4 of PMLA, 2002, District Panchkula.
(2.) Learned counsel for the petitioner contends that the respondent has been arrayed as an accused in a criminal complaint case No. COMA-01/2022, which is pending before the Court of Special Judge/PMLA for violation of provisions of the Prevention of Money Laundering Act, 2002 (hereinafter to be referred as the PMLA, 2002). He was granted the concession of interim bail on medical grounds by this Court vide order dtd. 24/2/2022 passed by this Court with the following directions:-
(3.) The order granting the interim bail was subsequently made absolute vide order dtd. 8/4/2022 (Annexure P-3) without any change in the aforementioned conditions. The order dtd. 8/4/20222 (Annexure P-3) was challenged by Anand Gupta before the Hon'ble Supreme Court vide SLP (Criminal No. 12164 of 2022) titled as 'Anand Gupta Vs. Lalit Goyal and others' and the Hon'ble Supreme Court had upheld the order dtd. 8/4/2022 as well as the conditions imposed by this Court. However, considering the apprehensions expressed by the petitioner, one of the bail conditions was modified and the respondent was directed to mark his presence physically and not through V.C., every week before the IO of the ED at Delhi or Gurugram.