ABHINAV SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed for quashing the order dated 4.1.2006 passed by the Special Judge, CBI North Bihar, Patna in Special Case No. 23 of 1997 (R.C. No. 43 (A) of 1997) whereby the prayer made by the petitioner to go abroad has been rejected.

(2.) Petitioner is an accused in the aforesaid case registered under Sections 120-B, 420 and 409 of the Indian Penal Code and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act. By order dated 18.7.2002 passed in Cr. Misc. No. 20147 of 2002 (Abhinav Sinha v. The State of Bihar through CBI), he was granted anticipatory bail. In view of aforesaid order, petitioner gave an undertaking in terms of Section 438(2) of the Code of Criminal Procedure that he shall not leave India without the permission of the Court.

(3.) In view of the undertaking, petitioner filed application before the trial Court seeking permission to go abroad, inter alia, contending that he is employed as Senior Production Executive in Ramco Systems Limited and in that connection, he has to travel to Germany or any other foreign country. The trial Court, taking into account that earlier permission was granted to the petitioner by this Court by order dated 4.10.2005 passed in Cr. Misc. No. 37765 of 2005, observed that he should move this Court for the said purpose. Accordingly his prayer seeking permission to go abroad has been rejected.