RATNAGAR CENKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was granted anticipatory bail by this Court in Criminal Misc. No. 3860-M of 1986 on 23.7.1986 directing him to comply with the requirements of Section 438 of the Code of Criminal Procedure. One of the requirements under the said provision is that a person in whose favour direction is given shall not leave India without the permission of the Court. Now, by means of this petition, permission is sought by the petitioner to go to Hague in Europe for attending two intentional meetings/conference; one is the Annual Meeting of International Dairy Federation from 22.9.1986 to 26.9.1986 and the other XXII International Diary Congress from 29.9.1986 to 3.10.1986. This has been averred on the affidavit of the petitioner. The petitioner states that he is a member of the Indian Delegation sponsored by the Government of Indian and Indian Council of Agricultural Research, New Delhi. The State, for the present, is unable to refute these assertions. As is plain, the petitioner is not going on a pleasure or a business trip. He is employed as a Director of the National Dairy Research Institute, Karnal. Official exigencies make it imperative for him to be part of that delegation. Accordingly, exception is made to the aforesaid condition under Section 438 of the Code of Criminal Procedure by permitting the petitioner to leave India to attend the aforesaid two meetings/conferences subject to his returning to India within the time allocated to him by the Government of India. This petition is allowed in these terms.