The Delhi High Court granted permission to travel to Dubai and noted that prior permission of trial court necessary to travel abroad after filing charge sheet.
The present application under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’), has been filed by the applicant/ petitioner, Gorav Gupta seeking setting aside of impugned order dated 11.12.2023, and for permission to travel abroad for a period of 12 months from 31.12.2023 to 31.12.2024.
The counsel who appeared on behalf of the applicant/ petitioner has invited this Court’s attention to the orders dated 31.12.2022 and 05.06.2023, wherein the applicant/ petitioner was granted permission to travel abroad by the Trial Court.
It was also stated that the applicant was granted anticipatory bail vide order dated 07.07.2022, when the following condition “He shall surrender his passport before the Investigating Officer/Apprehending Authority and under no circumstance leave India without prior permission of the Investigating Officer/Apprehending Authority, and, if he does not possess any passport, he shall file an affidavit to that effect before the Investigating Officer/Apprehending Authority” was imposed, and the charge-sheet had not been filed.
However, since the charge-sheet has been filed now, the learned counsel appearing on behalf of the applicant/ petitioner prays that the condition vide which the applicant herein was permitted to obtain prior permission of the Investigating Officer (I.O.) be modified accordingly.
A Single Bench of Justice Swarna Kanta Sharma observed that “In such circumstances, this Court deems it appropriate to modify the condition (i) of order dated 07.07.2022 to the extent, that instead of prior permission to be obtained from the I.O., the same be read as “prior permission of the Trial Court”. The counsel appearing on behalf of the respondent fairly states that the applicant herein had been granted permission to travel abroad earlier also, on two occasions, and he has not misused the liberty so granted.”
“Accordingly, the applicant/ petitioner is granted permission to travel abroad i.e. Dubai, UAE, for a period of two months, on the same terms and conditions imposed vide order dated 31.12.2022 by the learned Trial Court, to the satisfaction of the Trial Court” the Court concluded.
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