Inder Dev Godara vs State Of Rajasthan

The instant misc. petition has been filed by the petitioner challenging the order dt. 3rd June, 2020, passed by Special Metropolitan Magistrate (N.I.

Act) Cases-17, Jaipur Metropolitan, whereby permission to the petitioner to go abroad, has been declined in a Criminal case No.509/2018 registered

under Section 498-A & 406 IPC.

Learned counsel for the petitioner submitted that the petitioner was granted bail with a condition that the petitioner would not leave the country without

permission of the Court and as such the petitioner had to move an application for seeking permission to go to Australia for a period of six months. Vide

order dt. 22nd August, 2019, the revision petition filed by the petitioner was allowed, canceling the order dt. 16 th July, 2019, passed by the Trial Court

and permission was granted to the petitioner to go abroad and operative portion of the order is quoted hereunder:-

""

16.07. 2019

- 1-

15 1,00,000/- 30.11.2019

2-

3-

, -

Learned counsel for the petitioner submitted that the petitioner after getting permission of the Court, had gone abroad and he also came back before

the stipulated time which was prescribed by the Revisional Court. Learned counsel for the petitioner submitted that the petitioner again is required to

go back to Australia and he is working there and as such he sought permission to go to Australia and the same permission has been declined to him by

the Trial Court on the ground that COVID-19 is prevailing in the Country and abroad and as such there is no justification to grant permission to the

petitioner to go abroad.

Learned counsel submitted that the reasons assigned while rejecting the application is also with regard to flight schedule which are not operating to

take the persons outside the country and as such considering the lock-down period and non-operation of flights, the application of the petitioner has

been dismissed.

Learned counsel for the petitioner has referred to Phrase-II & IV Vande Bharat Mission, where the persons who are required to go abroad, can avail

the facility as has been initiated by Air India for taking the passengers outside the country. Learned counsel for the petitioner submitted that the

employer of the petitioner has also informed the petitioner to come back as situation in the Australia is now normal and as such counsel refers to letter

of his employer, which is filed as Annex.6 in the Miscellaneous Petition.

Learned counsel further submitted that in case the petitioner would not be permitted to go abroad, he might lose his job and other complications may

also arise. Learned counsel submitted that when initially permission was declined, he had approached the Revisional Court, however, considering the

extra-ordinary situation, the petitioner does not have any choice except to file the present misc. petition for seeking a direction.

Learned Public Prosecutor submitted that the Court below has not committed any illegality in refusing the permission to the petitioner as charges

against the petitioner are framed under Section 498-A & 406 IPC and the petitioner is required to participate in the criminal case as he has already

availed the benefit of bail.

I have heard the submissions made by learned counsel for the parties and perused the material available on record.

This Court finds that the petitioner was extended benefit of going abroad earlier and the condition which was imposed of returning back to India was

complied with by him and as such the petitioner cannot be presumed to have any intention to avoid the Trial which he is facing. This Court further

finds that the flight schedule which is produced for perusal of this Court also permits flights going abroad from Delhi and as such flights are operating

between Delhi and Sydney and the petitioner if has valid visa and valid documents, can avail the facility of going abroad for the purpose of his job.

This Court also finds that the Government of Australia has also found that the situation after COVID-19 is normal and under control and people from

other country can fly in Australia.

This Court accordingly, allows the present misc. petition and permission is granted to the petitioner to go to Australia for a period of six months.

However, the petitioner would be required to execute the Bank Guarantee of Rs.2,00,000/- and the same is required to be filed before the Trial Court

that the petitioner would come back within a period of six months and he will give his presence in the Trial Court. The petitioner is also directed to

show the relevant tickets of going to Australia to the Trial Court.

Accordingly, the present misc. petition stands disposed of.