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2020 Supreme(SC) 748

D.Y.CHANDRACHUD, INDIRA BANERJEE
Parvez Noordin Lokhandwalla – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner(s):Subhash Jha, Manoj K. Mishra, Advocates
For the Respondent(s):Sachin Patil, Rahul Chitnis, Geo Joseph, Advocates

JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. Leave granted.

2. This appeal arises from a judgment and order of a Single Judge of the High Court of Judicature at Bombay [“High Court”] dated 23 July 2020. The High Court, by its order which is in appeal, declined to modify its earlier order dated 19 May 2020 so as to permit the appellant to travel to the US for a period of eight weeks from 25 July 2020 to 6 September 2020. The appellant sought the leave of the High Court to do so since as a Green Card holder, it was mandatory for him to return to the US within a stipulated period of his departure from that country, failing which the conditions for revalidation of the Green Card would not be fulfilled. The High Court declined to relax the conditions imposed by it for the grant of interim bail on the ground that an FIR has been registered against the appellant. Though the period during which the appellant sought to travel abroad has lapsed, the cause survives. The appeal raises interesting issues about the interface between the fundamental right to travel abroad and its curtailment under

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