Permission to travel during trial granted with virtual appearance and financial surety; return required within six months.
Permission to travel during pendency of trial was addressed where acquisition of foreign citizenship did not, by itself, render the accused a flight risk; the factual basis included regular virtual appearances and no breach of prior travel conditions, leading to allowance of travel. The operative effect permits six months' stay abroad with mandatory return by a specified date, conditional on furnishing adequate surety and a bank guarantee of Rs.1 crore to the trial forum, discharge of guarantees upon return, and requirement of virtual attendance by the accused with physical presence of counsel at every hearing.
Issues: Whether the petitioner should be permitted to travel to and stay in Canada for six months during the pendency of the complaint, subject to conditions.
Analysis: Proceedings in the underlying complaint remain paused pending filing of the final report in the predicate offence; petitioner previously obtained court permission for foreign travel and complied with the direction to return when an extension was refused. The petitioner acquired foreign citizenship but consistently participated in hearings through video conferencing while counsel attended physically. Applicable legal framework includes provisions permitting trial or proceedings by electronic/video means and rules allowing dispensation of personal attendance; conditions such as furnishing adequate surety and a bank guarantee are established mechanisms to secure attendance. No material was produced to show a prima facie risk of absconding or contempt of court conditions, and precedents permit travel where safeguards are in place.
Conclusion: Permission to travel to and stay in Canada for six months is allowed, subject to furnishing adequate surety and a bank guarantee of 1 crore to the satisfaction of the trial court, virtual appearance during stay, and forfeiture and coercive measures in case of non-compliance.
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