SHASHI TIWARI Vs. STATE OF C G

JUDGEMENT

(1.) The inherent jurisdiction of this Court is invoked by way of Section 482 of the Code of Criminal Procedure by the applicants against the conditions imposed by the learned Court below of First Additional Sessions Judge. The order is dated 13-12-2013 whereby though the anticipatory bail was granted to the applicants but certain conditions were imposed by the Court below, which are reproduced as follows. The main grievance was with respect to imposition of condition No. 3 to the petitioner, which purports to get permission from Court while moving out of State of Chhattisgarh.

(2.) Learned Counsel for the applicant would submit that the petitioner No. 2 is predominantly effected by condition No. 3, which is imposed that prior permission is required to be obtained on each and every time for going out of the State. He would further submit that the condition to restrict the travel is against the individual liberty, which is protected by Article 21 of the Constitution of India as the right to travel is a facet of personal liberty. He would, therefore, submit that Condition No. 3 so far as it relates to obtaining prior permission on each and every time before leaving the boundary of State of Chhattisgarh, is a cumbersome one as it consumes time and causes unnecessary hardship to the petitioner No. 2. He would further submit that earlier on 3 occasions the petitioner had to travel out of Chhattisgarh; on two occasions, to attend the marriage ceremony and on one occasion to seek the legal assistance from a Counsel of outside the State. Therefore, he would submit that on each and every time, before movement taking prior permission from Court curtails the right to travel, which is unreasonable and beyond the statutory powers. He would submit that putting such conditions causing cumbersome procedure cannot be imposed while granting bail under Section 438 of the Code of Criminal Procedure. Therefore, he submits that such Condition No. 3 may be removed.

(3.) Counsel for respondent No. 2 would further submit that the bail is granted with an idea to procure the attendance on each and every date that of accused and the entire idea is that the petitioners should attend the Court. He would further submit that it will be within the ambit of reasonable restriction, if the conditions so imposed by the Court do not curtail the right of the petitioners in any way whatsoever.