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2018 (2) TMI 2056 - HC - Indian LawsSeeking permission to proceed abroad - Section 482 of Cr.P.C. - HELD THAT - Prayer of the petitioner to visit Canada up to 28.04.2018 would be construed as a genuine prayer and merits consideration. However, at the same time, stringent conditions are required to be imposed to ensure that even in the eventuality of the prayer of the petitioner being accepted, he rejoins the trial proceedings. The prayer of the petitioner seeking permission to proceed to Canada is accepted to the extent of according permission to proceed abroad up to 28.04.2018 - petitioner shall execute a personal bond and a surety in the sum of ₹ 50 lacs each to the satisfaction of the trial Court, with an undertaking to appear immediately after the expiry of the period that he has been permitted to travel abroad i.e. after 28.04.2018. Petition disposed off.
Issues:
1. Quashing of order declining permission to travel abroad for medical reasons. Analysis: The petitioner, an accused facing trial in a corruption case, sought permission to travel to Canada for his daughter's cardiac surgery. The trial court had declined the request citing serious corruption allegations and the daughter's residence in Canada. The High Court noted the daughter's medical urgency supported by a doctor's communication and a similar permission granted in another case. Despite the State counsel's delays, the High Court found the petitioner's request genuine and crucial for the daughter's post-operative care. The High Court acknowledged the authenticity of the medical documents and the necessity for the petitioner's presence during the daughter's recovery. While allowing the petitioner to travel till a specified date, the Court imposed stringent conditions to ensure his return for trial proceedings. The petitioner was directed to execute a personal bond and surety, committing to reappear after the permitted travel period. The High Court set aside the trial court's order and disposed of the petition in favor of the petitioner, emphasizing the importance of balancing medical exigencies with legal obligations.
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