CHANDANMAL Vs. SURYAKANT

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been filed against the order dtd. 11/02/2016, passed by IIIrd Additional Sessions Judge, Indore in Criminal Revision No. 830/2015, whereby affirmed the order dtd. 29/09/2015 passed by Judicial Magistrate First Class, Indore in Criminal Case No. 36871/2006.

(2.) This petition has been allowed by this Court vide order dtd. 04/05/2016. Subsequently, Non-applicant's petition M.Cr.C. No. 6099/2016, has been allowed on 15/07/2016 and the said order has been recalled.

(3.) Brief facts of this case are that nonapplicant/complainant has filed a complaint against the applicant that the applicant was entrusted precious stones but he dishonestly misappropriated the same and committed an offence of criminal breach of trust. On this basis the applicant is facing trial for the offence under Sec. 406 of IPC since the year 2002. On 26/2/2002, Trial Court has granted the bail to the applicant with the condition that the applicant shall surrender his passport and shall not leave India without prior permission of the Court. In compliance applicant has deposited his passport in Trial Court. On 4/9/2015, the applicant has filed an application for permission to visit Thailand for his treatment and to meet his grandson also. Learned Magistrate vide order dtd. 29/9/2015 dismissed the application. Applicant preferred the revision that too was dismissed. Being aggrieved applicant has filed this petition.