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2016 (5) TMI 1195 - RAJASTHAN HIGH COURT

2016 (5) TMI 1195 - RAJASTHAN HIGH COURT - 2016 (337) E.L.T. 169 (Raj.) - Seeking modification in the order to remove the rider of obtaining permission from the learned trial court for each visit to abroad and come back to India - Appeal is pending against adjudication order but the presence of the petitioner is required before the learned trial court during trial court of the case - Held that:- since the petitioner is having good business at UAE and his wife and family are also residing there i .....

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essity arises so that his business may not be affected and he may also take care of his family subject to the condition that trial, before the trial court may not be effected. - Decided in favour of petitioner - S.B. Criminal Writ Petition No. 80/2016 - Dated:- 1-3-2016 - Banwari Lal Sharma, J. For the Petitioner : Rajendra K. Salecha For the Respondent : Anil Mehta ORDER Petitioner accused Manoj Kumar Sharma has preferred this criminal writ petition with the prayer to modify the order dated 24. .....

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of Ocean Building Maintenance (L.L.C.) from the Government of Dubai and is working at Dubai. The licence is going to expire on 11.3.2016. Therefore, his presence at Dubai is necessary. He submits that a letter dated 18.12.2013 is also received from his Sponsor informing that he is required in Dubai full time for all the employees working in the company, especially for their salaries, timely renewal and cancellations of their visas in Labour and Immigration Office to avoid any delay fines and al .....

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compounded shortly. He submits that appeal against the adjudication proceedings is also pending. Therefore, the appeal and trial shall take its own time and if the petitioner is not permitted to go UAE, then his whole business will be ruined as well as his family members consisting wife and three children will also be remain unattended. Therefore, the petitioner wants to visit Dubai for his business as well as to look after his wife and children. He submits that vide impugned order dated 24.4.2 .....

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vabhouma S. Bagali - (2007) 1 SCC 673, Salman Khan V/s State of Rajasthan - 2014(4) Cr.L.R. (Raj.) 1746, Chitrak Satishbai Shah v/s State of Gujarat, Criminal Misc. Application No.9837/2014, decided on 24.7.2014 by Gujarat High Court and Patel Simaben Arvindbhai v/s State of Gujarat, Criminal Misc. Application No.16815/2015, decided on 11.9.2015 by Gujarat High Court. Learned standing counsel Shri Anil Mehta appearing on behalf of the Union of India submits that it is true that appeal is pending .....

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n by the petitioner before the learned trial court so that his business and looking after his family, may not be effected. I have considered the submissions made by the learned counsels and perused the available record. In the matter of Salman (supra), State of Rajasthan, granted permission to go abroad to the accused Salman but U.K. Government rejected the visa on account of conviction order passed by a co-ordinate Bench of this court Principal Seat at Jodhpur suspended the order of conviction .....

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