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2021 (10) TMI 637 - HC - Indian LawsCancellation of granted Interim Bail - the conditions of interim bail was fulfilled or not - non-appearance of petitioner on assigned date - jurisdiction to adjudicate the matter placed - issuance of Look Out Circular - HELD THAT:- Without giving notice to the petitioner, interim order should not have been cancelled to issue warrant of arrest on the prayer of the respondent nos.3 and 4 merely on the ground of non-appearance made on behalf of the petitioner on the assigned date. It is made hereby clear that the petitioner has a fundamental right of movement and right to life as enshrined in Article 19(1)(b) of the Constitution of India. Therefore, he has a right to travel beyond the territory of India as held by the Hon’ble Supreme Court in Maneka Gandhi vs. Union of India [1978 (1) TMI 161 - SUPREME COURT] and in case of Satwant Singh Sawhney Vs. D. Ramarathnam Assistant [1967 (4) TMI 196 - SUPREME COURT] wherein it has been held by majority decision of the Hon’ble Apex Court that ‘the expression personal liberty which occurs in Art. 21 of the Constitution includes the right to travel abroad and that no person can be deprived of that right except according to procedure established by law. The mere prescription of some kind of procedure cannot even meet the mandate of Article 21. The procedure prescribed by law has to be fair, just and reasonable, not fanciful, oppressive or arbitrary. The Look Out Circular against the passport issued at the instance of the respondent nos. 3 and 4 dated 12.3.2021 is hereby quashed, however, the petitioner in usual course would cooperate the respondent authorities if so required through video conferencing as the petitioner is non-est at the present in the respondent company no. 6 and if the respondent authority nos. 3 and 4 have any further investigation to be made, they are at liberty to seek assistance of Resolution Professional because the respondent no. 6 company is controlled by them - Application allowed.
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