BANWARI DHANUKA Vs. STATE

JUDGEMENT

(1.) FIR No. 206/2002 under Section 420/406 IPC is registered against the petitioner. Pursuant whereto, criminal proceedings are pending against him in the court of Additional District and Sessions Judge, New Delhi. Petitioner was granted bail in those proceedings vide order dated 28th August, 2002 and one of the conditions of bail was that petitioner shall surrender his passport to the concerned court/IO and shall not leave the country without permission of the court. This order was passed more than four years ago. During this period, the petitioner travelled abroad on 26.5.2005, 09.9.2005, 10.1.2006 and 5.5.2006 after obtaining permission from the learned Trial Court which was duly granted. It is stated that reason for travelling abroad was to get medical treatment from Morefield Eye Hospital, Old Street, London, U.K. as well as from King George Hospital London, U.K. and for attending business meetings. Petitioner has filed this petition for waiver or the condition to seek prior permission for leaving the country. It is not in dispute that on all aforesaid dates, when the petitioner was granted permission to leave the country, he did not misuse the said permission and returned back to India within stipulated period. It is also not in dispute that the petitioner has been appearing before the learned Trial Court on the dates fixed by the learned Trial Court. There are various cases wherein such a condition was waived - (a) Crl.M. No. 3794/97 in Crl.M.M. No. 1365/95; (b) Crl.M.A. No. 6048 of 2005 in Crl.M.M. No. 3876/99; (c) Crl.M.C. No. 287/2006; and (d) Capt. O.P. Malhotra v. State (NCT of Delhi), 129 (2006) DLT 324.

(2.) IN view thereof, the aforesaid condition of leaving the country with the prior permission of the court imposed in order dated 28.8.2002 passed by the learned ASJ, New Delhi, is hereby waived and it is directed that petitioner shall not be required to seek any permission from the learned Trial Court while visiting abroad. He shall retain passport as well. However, as and when petitioner intends to go abroad, he shall communicate the same to the learned Trial Court and file his itinerary also. This petition stands disposed of. Dasti. Petition allowed.