Court Allows Overseas Travel for Defendant with Conditions; Increased Bond Addresses Flight Risk Concerns. The HC granted modification of travel restrictions in criminal cases, allowing the petitioner to travel abroad without prior court permission. The ...
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Court Allows Overseas Travel for Defendant with Conditions; Increased Bond Addresses Flight Risk Concerns.
The HC granted modification of travel restrictions in criminal cases, allowing the petitioner to travel abroad without prior court permission. The petitioner must inform the trial court of travel plans, provide contact details, and refrain from traveling during trial dates. The surety bond was increased to one crore rupees, addressing concerns of potential flight risk. The court balanced the petitioner's professional travel needs against the seriousness of the charges, ensuring compliance with court directives. The CBI retains the right to seek revocation for non-compliance. The petitions were disposed of with these modified conditions.
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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