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ANOOP KUMAR DHAND
Late Shri Shrigopal Bajoria – Appellant
Versus
Rajesh Kumar Sharma – Respondent
ORDER
By way of present petition filed under Section 482 Cr.P.C. of the Code of Criminal Procedure (for short ‘Cr.P.C.’), the petitioner has approached this court with the following prayer:—
“It is, therefore, most respectfully prayed that, in view of the above mentioned facts and circumstances and in the interest of justice, this Hon’ble Court may be pleased to accept and allow the present petition and quash and set aside the order dated 22.12.2022 and consequently permit Petitioner may be given permission to travel Singapore for ten days from 04.01.2023 upto 14.01.2023 and Dubai from 15.01.2023 upto 19.01.2023 on any condition that may be imposed by this Hon’ble Court. Any other appropriate orders as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”
2. Facts in brief of the case are that Assistant Director, Directorate of Enforcement filed criminal complaint No. 3/2021 against the petitioner and other co-accused for the offence under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short ‘the Act of 2002’) before the Special Court (PMLA, 2002) Special Judge (CBI Cases) No. 3, Jaipur Metrop
Expression “personal liberty” under Article 21 of Constitution of India has a wider amplitude which includes right to go abroad. A person cannot be deprived to this right except in accordance with pr....
The right to travel abroad is a fundamental right under Article 21 of the Constitution of India, but it must be balanced with the need to prevent evasion of trial.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
The court reinforced that bail conditions for foreign nationals accused of serious crimes must prioritize the integrity of the judicial process and the risk of flight.
The right to travel must be balanced with the right of the prosecuting agency to ensure the accused attends trial and does not abscond.
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