SARDARKHAN NIWAZKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) TWO MATERIAL QUESTIONS arising for our consideration in this Misc. Criminal Application, are :- FIRSTLY "Whether pending trial before the Court, any accused involved in a serious offence and already released on bail, can as a matter of his right, be permitted to leave the jurisdiction of the Court and a Country even for a limited period to go abroad on any justifiable ground ?" AND SECONDLY "Whenever be faced with such sort of questions, what ought to be the advisable guiding considerations to be kept in view by the Court on the basis of which it is expected to exercise its judicial discretion to meet with the situation ?"

(2.) Few relevant facts necessary to appreciate and answer the aforesaid two questions are :- that one Sardarkhan Niwazkhan Pathan, the accused herein was one of 23 accused persons who came to be arrested in connection with C. R. No. I-161 of 1989, registered at Chaklashi Police Station for having committed offences under Secs. 307, 323, 324, 326, 147, 148, 149 of the I. P. C. and under Secs. 3, 4 and 5 of the Terriorist and Disruptive Activities (Prevention) Act, 1987 (for short hereafter referred to as TADA).

(3.) While in custody, he submitted an application, the same being Misc. Criminal Application No. 870 of 1989 before the learned Sessions Judge, Kaira, at Nadiad, for getting himself released on bail.