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2020 Supreme(SC) 966

SUPREME COURT OF INDIA
A.M. KHANWILKAR AND DINESH MAHESHWARI, JJ.
K. Mohammed – Appellant(s)
Versus
State of Kerala – Respondent(s)
Criminal Appeal No(s). 547 of 2012, I.A No. 144606 and IA No. 144606 of2019
Decided on : 02-03-2020

The court may grant permission to travel abroad during the pendency of appeal, subject to appropriate conditions and past compliance with bail conditions.

Headnote:

Permission to Travel Abroad - Applicant-Appellant - The court granted the applicant-appellant permission to travel abroad to Quatar to meet his grand children for a total period of 30 days, subject to conditions imposed by the Trial Court and surrender of passport upon return.

Fact of the Case:

The applicant-appellant sought permission to travel abroad to Quatar to meet his grand children during the pendency of appeal.

Finding of the Court:

The court granted the applicant-appellant permission to travel abroad for 30 days, considering his past compliance with bail conditions for a similar relief.

Issues: Permission to travel abroad during the pendency of appeal.

Ratio Decidendi: The court considered the applicant-appellant's past compliance with bail conditions for a similar relief and granted permission to travel abroad for 30 days.

Final Decision: The court permitted the applicant-appellant to apply for a passport and travel to Quatar to meet his grand children for a total period of 30 days, subject to conditions imposed by the Trial Court and surrender of passport upon return.

ORDER

IA No. 144606/2019

1. During the pendency of appeal, the applicant-appellant has applied for permission to travel abroad i.e. Quatar to meet his grand children.

2. Learned counsel for the respondent-State has no objection for granting one month permission to the applicant-appellant to travel abroad, however, on such terms and conditions as may be deemed appropriate by the Court.

3. In view of the above and considering the fact that the applicant-appellant had availed similar relief in the past to go for Hajj pilgrimage at Mecca and had abided by the conditions of bail, we permit the applicant-appellant to apply for passport, and on having been granted a passport, travel to Quatar to meet his grand children for a total period of 30 days from the date of leaving India (from Kochi to Doha) and return (from Doha to Kochi) on conditions as may be imposed by the Trial Court in that behalf and on his return he shall forthwith surrender his passport in the Registry of this Court.

4. Interlocutory application is disposed of accordingly.

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