Judgement - Waiver of Condition to Travel

Court: Delhi High Court

Bench: JUSTICE A.K. Pathak

Eugene Fredrick Felix Vs. The State (NCT of Delhi) On 9 October 2012

Law Point:
Waiver of condition that applicant/accused will not leave the country without prior permission of the Court.

JUDGEMENT

1. Vide order dated 2nd September, 2008 petitioner was admitted to bail on furnishing a personal bond in the sum of Rs. 50,000/- with one surety of like amount subject to the condition that applicant/accused will not leave the country without prior permission of the court and will furnish the documentary proof of himself and his surety in respect of the present and permanent address and the financial soundness. Thereafter, petitioner has been granted permission to leave, the country as many as on five times and on each and every occasion accused (petitioner) returned to India within the stipulated period. Petitioner is also appearing before the Trial Court on the date(s) fixed. Learned APP, on instructions of Investigating Officer, submits that on earlier occasions petitioner has returned to India on each and every occasion. He has not misused the concession of leaving country for intermitted periods, as aforesaid. In the similar circumstances, a coordinate bench of this Court in Banwar Dhanuka vs. The State (NCT of Delhi) 2006 (3) JCC 1726 has waived the similar condition in view, of the fact that the petitioner had not misused the permission granted to him by the Trial Court. Accordingly, in the peculiar facts of this case, condition of leaving the country, imposed upon by the Trial Court vide Order dated 2nd September, 2008, is hereby waived subject to petitioner furnishing an FDR for sum of Rs. 2 lacs before the Trial Court and also submitting his itenary and contact numbers) whenever he leaves the country. Passport of petitioner be returned to him. Petition is disposed of in the above terms.

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