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2019 (2) TMI 1981 - PUNJAB AND HARYANA HIGH COURTMurder - Seeking for modification of condition of taking prior permission of the Court to travel abroad - Section 437 of the Cr.P.C - HELD THAT:- The power granted by the Code under Sec. 437 of the Code to impose certain conditions including restriction on movement while granting bail in non bailable offence can be taken as procedure established by law as stated in Article 21 of the Constitution - The criminal courts have to take extreme care in imposing such condition. It cannot mechanically, and in every case where an accused has a passport impose a condition for its surrender. Law presumes an accused to be innocent till he is declared guilty. As a presumably innocent person he is entitled to all the fundamental rights guaranteed to him under the Constitution. At the same time, interest of the society has also to be protected. The court has to strike a balance between personal liberty of the accused guaranteed under Article 21 of the Constitution, investigation rights of the police. The criminal court has to consider possibility of the accused if released on bail, fleeing justice and thereby thwarting the course of justice which affects the majesty of the law, as also the individual rights of the accused. The court has to consider antecedents of the person accused or suspected of commission of the offence, nature of the offence he is said to have committed, necessity for his presence for investigation, duration of investigation and such other relevant factors. The court has to decide whether notwithstanding the personal liberty of the accused, interest of justice required that his right of movement should be restricted during the pendency of the case by directing him to surrender his passport. In the present case as submitted by learned counsel for the petitioner, the petitioner is a frequent visitor to foreign countries as in the past, he had to participated in certain conferences, seminars and to receive the prestigious award on behalf of his mother. The petitioner is stated to be involved in spreading and promoting the education business of Ryan Group. He is to travel abroad for his professional assignments as well as his contribution in various fields of education. The present petition is allowed and the condition of seeking prior permission before leaving to abroad is modified to the extent that the petitioner now onwards shall not be required to take permission of the Court to travel abroad. However, the petitioner is directed to furnish an undertaking in writing before the Investigating Agency that he will make himself available during course of investigation or trial as and when he is required apart from furnishing the details of his travel abroad to the Investigating Officer including the place where he is likely to stay and the countries he proposes to visit and the date of departure and of return.
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