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2019 Supreme(SC) 1594
SUPREME COURT OF INDIA
R. Banumathi, Indira Banerjee, JJ.
Ganpati Ramnath - Appellant
Versus
State Of Bihar & Anr. - Respondents
Miscellaneous Application No. 3217 of 2018; Criminal Appeal No. 1187 of 2004, 1188 of 2004
Decided On : 15-01-2019
K.V. Viswanathan, Adv., S. Pinaki, Adv., Anuj Prakash, Adv., Sanjay Jain, Adv., Rajiv Nanda, Adv., Sachin Sharma, Adv., Arvind Kr Sharma, Adv.
The court has the discretion to permit travel abroad for medical treatment, subject to specified conditions to ensure the appellant's return and compliance with legal proceedings.
Headnote:
Passport Release - Medical Treatment - The appellant was permitted to travel abroad for medical treatment subject to conditions imposed by the court, including surrendering the passport within six months and furnishing a personal bond.
Fact of the Case:
The appellant filed an application seeking the release of his passport to travel abroad for medical treatment, stating that he had been acquitted in one case and other cases were pending against him. The appellant was already on bail and had been granted permission to travel abroad on earlier occasions.
Finding of the Court:
The court considered the expediency of the medical treatment required by the appellant and his past conduct, and permitted him to travel abroad subject to specified conditions, including surrendering the passport within six months and furnishing a personal bond.
Issues: Permission to travel abroad for medical treatment, conditions for release of passport, and furnishing of personal bond.
Ratio Decidendi: The court balanced the appellant's need for medical treatment with the pending legal proceedings and imposed conditions to ensure his return, including surrendering the passport within six months and furnishing a substantial personal bond.
Final Decision: The application for the release of the passport was allowed, subject to the specified conditions, including surrendering the passport within six months and furnishing a personal bond.
ORDER
Banumathi, J. - This application has been filed by the appellant-applicant for the following relief:
" (a) Pass an Order (as was graciously done on earlier seven occasions) directing the release of passport of the Applicant (Passport No. NO109332 issued by PRO, Chennai, valid up to 08/06/2025) for a period of 6 months from the release of the passport against a moderate surety, and upon return, surrender the passport, before the Special Judge CBI, Patna in connection with RC Case No. 42(A)/97 and RC 27(A)/97 to enable the Applicant to travel abroad for medical treatment, subject to terms and conditions as this Hon'ble Court may deem first and proper in the facts and circumstances of the case; and/or, of dated /; and/or,
(b) Pass an Order modifying/relaxing the condition of bail as imposed in Criminal Appeal No. 1187 and 1188 of 2004 dated 11/10/2004; and/or "
2. It is stated at the Bar that in one the cases i.e. RC Case No.42(A)/97 the applicant has been acquitted. Other cases are stated to be still pending against the appellant-applicant. The appellant-applicant is already on bail and on earlier occasions permission to travel abroad was granted to him.
3. Considering the expediency of the medical treatment required by the applicant-accused and having regard to his past conduct, the appellant-applicant is permitted to travel abroad, subject to the same conditions as were imposed by this Court by its Order dated 14 th May, 2015 in Criminal Miscellaneous Petition NO(s).6381 and 6382 of 2015 in Criminal Appeal No.1188 of 2004. For that purpose, we direct the Trial Court to release his passport bearing No. NO109332 after fling the necessary medical permission as stated in the application. The appellant-applicant is directed to surrender the passport within six months from the date of its release or any time earlier before the Special Judge, C.B.I., Patna in connection with pending case i.e. RC Case No.27(A)/97.
4. The above order is subject, however, to the appellant- applicant furnishing personal bond in a sum of Rs.10 Lakhs with one surety of like amount to the satisfaction of the Special Judge, C.B.I., Patna.
5. Application (M.A. NO.3217 of 2018) is accordingly allowed.
