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        Money Laundering

        2026 (7) TMI 242 - HC - Money Laundering

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        Right to travel abroad may be denied on bail when medical necessity is unproven and flight risk threatens the criminal process. The right to travel abroad is an aspect of personal liberty, but it remains subject to bail conditions, the seriousness of the prosecution, the accused's ...
                        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.

                            Right to travel abroad may be denied on bail when medical necessity is unproven and flight risk threatens the criminal process.

                            The right to travel abroad is an aspect of personal liberty, but it remains subject to bail conditions, the seriousness of the prosecution, the accused's conduct, and any real risk of evading trial. Permission to travel may be refused where the asserted medical necessity is not supported by reliable material showing that foreign treatment is the only available option or that equivalent treatment is unavailable in India. On the facts discussed, the Court found no bona fide exceptional medical exigency and treated the risk of flight and disruption of the criminal process as decisive.




                            Issues: Whether the petitioner made out an exceptional and bona fide medical exigency warranting permission to travel abroad despite the conditions of bail and the prosecution's apprehension of flight risk.

                            Analysis: The right to travel abroad is an aspect of personal liberty, but it is not absolute and must be weighed against the nature of the allegations, the conduct of the accused, and the risk of evading prosecution. The request was examined in the context of a serious money-laundering prosecution, the stage of trial, the petitioner's financial capacity and international links, and the absence of cogent medical material showing that the proposed foreign treatment was the only available line of treatment or that equivalent treatment was unavailable in India. The Court also noted that medical facilities in India are comparable to foreign facilities and that a preference for treatment abroad cannot override the requirement of securing the accused's presence for trial.

                            Conclusion: The petitioner failed to establish a bona fide exceptional medical case, and the refusal of permission to travel abroad was held to be justified.

                            Ratio Decidendi: Permission to travel abroad by an on bail may be refused where the claimed medical necessity is not substantiated by reliable medical material and the Court finds a real risk that foreign travel may impede the criminal process.


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