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Delhi HC Cites Judge Shortage and Backlog in Granting Travel Permit

Case Law Details

TaxGuru Citation
2025 taxguru.in 3788
Case Name
Mukesh Gupta Vs Central Bureau of Investigation (Delhi High Court)
Date of Judgement/Order
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Mukesh Gupta Vs Central Bureau of Investigation (Delhi High Court)

Delhi High Court recently granted permission to an applicant, Mukesh Gupta, who is facing a pending criminal appeal, to travel abroad. The court, in its order, highlighted the significant issue of “overflowing dockets” and an “acute shortage of judges” contributing to delays in disposing of cases, including criminal appeals.

Mukesh Gupta, the applicant/appellant in a case where his sentence has been suspended pending appeal, sought leave to travel to Almaty, Kazakhstan, and Georgia between May 1, 2025, and May 11, 2025, to attend a Rotary Club assembly. He argued that the trip was important for his social connections and business growth. His counsel presented that he had previously been permitted to travel abroad for business and had returned, had strong ties to India through his sons, and at 67 years old, was unlikely to flee.

The Central Bureau of Investigation (CBI), the respondent in the appeal, opposed the application. The prosecution expressed concern that if allowed to leave the country, the applicant might not return to face the outcome of his appeal. The CBI also referenced a previous instance where a similar request for leisure travel by the applicant was declined by a predecessor bench in November 2019, contrasting it with a business trip for which permission was granted in August 2019.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,304

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