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2008 (9) TMI 1039 - HC - Indian Laws

Issues involved: Modification of orders seeking waiver of permission to travel abroad in criminal cases, balancing the petitioner's need for travel with the seriousness of the charges and the risk of fleeing.

Judgment Summary:

Issue 1: Modification of orders seeking waiver of permission to travel abroad

The petitions sought modification of orders requiring permission to travel abroad in criminal cases involving the petitioner. The petitioner argued that frequent travel is necessary for providing educational services and advising an institute, highlighting past compliance with travel restrictions. The CBI opposed, citing serious economic offences and the risk of the petitioner fleeing from justice.

Issue 2: Consideration of past court orders

The court considered a previous order waiving travel permission in a similar case, emphasizing the need to ensure the accused's presence while avoiding unnecessary delays. The court acknowledged the gravity of the charges but noted the petitioner's compliance with previous travel permissions.

Issue 3: Decision and modified conditions

The court allowed the petitions, substituting the requirement of court permission with a modified directive. The petitioner must inform the trial court in advance of foreign travel, providing detailed itinerary and contact information. Additionally, the petitioner must notify the court upon return and undertake not to travel during trial dates. The surety bond amount was increased to one crore rupees to address the CBI's concerns, with liberty granted to revoke the order for non-compliance.

Conclusion

The petitions were disposed of with the modified conditions, balancing the petitioner's travel needs with the seriousness of the charges and ensuring compliance with court directives.

 

 

 

 

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