2013 (12) TMI 1723

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing various business interests, some of which are situated abroad. He has been implicated as an accused person in Special Case No. 7 of 1998 arising out of R.C. Case No. 6E/1996 in respect of which charges have just been framed and the date for recording evidence has been fixed on January 20, 2014. 2. It appears that the petitioner had absconded and was finally detained in West Germany in 2002. Extradition Proceeding was initiated and he was brought to the country in 2007. He was released on bail on August 22, 2008 subject to various conditions. From time to time conditions have been relaxed, however, the petitioner is subjected to the condition that he shall not travel abroad without permission of the Court. The petitioner made a prayer....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t to justice after a protracted extradition proceeding. 6. Having considered the materials on record, I find that the petitioner had been extradited to the country after being detained in West Germany. However, since his release on bail he has been regularly attending the trial proceeding. I find that although the petitioner was extradited to India in 2008 charges in the instant case was framed after about five years as late as on 25.11.2013 and, that too, at the insistence of this Court. 7. I am informed that there are about sixty prosecution witnesses cited in the charge sheet and a large number of documents are also to be exhibited during trial. Hence, there is hardly any chance of the trial in the instant case concluding in the ne....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ght to go abroad more particularly when such activity is linked with the petitioner's livelihood. However, such right cannot be permitted to be enjoyed in an unrestricted manner and has to be subjected to adequate restrictions so as to ensure his timely return to India to face trial. 12. The petitioner has filed the supplementary affidavit disclosing his itinerary and the countries that he would like to visit in connection with his business i.e. Thailand and United Kingdom. Report was sought for in that regard from Superintendent of Police, Central Bureau of Investigation BS&FC who has filed two reports dated 11.11.2013 and 02.12.2013 respectively before this Court. Let such reports be kept with the record. From such reports it appea....