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        Case ID :

        2018 (2) TMI 2056 - HC - Indian Laws

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        High Court Grants Accused Permission to Travel for Daughter's Surgery The High Court allowed the accused, facing corruption charges, to travel to Canada for his daughter's cardiac surgery. Despite initial denial by the trial ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              High Court Grants Accused Permission to Travel for Daughter's Surgery

                              The High Court allowed the accused, facing corruption charges, to travel to Canada for his daughter's cardiac surgery. Despite initial denial by the trial court, the High Court considered the urgency of the medical situation, supported by medical evidence. The Court imposed strict conditions for the accused's return and acknowledged the need for his presence during the daughter's recovery. Emphasizing the balance between medical needs and legal responsibilities, the High Court set aside the trial court's decision and granted permission for the accused to travel abroad.




                              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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                              Topics

                              ActsIncome Tax
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