9911796707
TMI Blog2017 (2) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel for the petitioner that the impugned order dated 20th December, 2016 granting permission to the respondent to travel Germany and impugned order dated 21st December, 2016 releasing passport to the respondent is bad in law. He has further submitted that there is apprehension that the respondent will not return India to face trial. He has further submitted that to meet the ends of justice, the impugned orders be set aside. 3. Learned counsel for the respondent has vehemently opposed the contention of learned counsel for the petitioner and submitted that the present petition confines to the subject of allowing the respondent going abroad. He has further submitted that on 09.12.2016 the respondent moved an application seeking per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that accused is an Indophile having deep knowledge about the history and culture of this country. He has come to this country many a times. The articles recovered were purchased from the market in ordinary course. It is further submitted that the accused shall abide with the directions imposed by this court. On behalf of accused reliance is also placed on the Consular Certificate issued by Mr. Frank Thierfelder, German Counsellor and Consul and filed on 19.12.2016. Considered. The Consular Certificate reads as under: "Dr. Bernd Augustin, S/o. Oskar Hermann, R/o. Schone Aussicht 9, 22085 Hamburg / Germany, is a German Citizen and is residing at the above said address with his family. That the Embassy has come to know t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eating the offence to be a bailable one. Now if that is so, once bail order is passed u/s 436 Cr.P.C. in that situation there cannot be any condition imposed - restricting the liberty to move out of the country inasmuch as it is not an order passed u/s 437 Cr.P.C. That also needs to be borne in mind. Taking into account the submissions made by the parties, permission to travel abroad is granted to the accused Dr. Bernd Augustin subject to deposit of Rs. 15 lacs which shall be deposited in Court by way of an FDR. Ld. Counsel for the accused submits that it would be difficult to make an FDR and as such permission be granted to deposit the same by way of demand draft. Heard. Accused/ applicant is directed to deposit the said amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
