Fulfillment of conditions imposed by a bail order warrants the Trial Court to accord permission to the accused petitioner to leave the country.

JUDGMENT

1. This petition has been filed under Section 482 of Cr.P.C. being aggrieved of the orders dated 31.01.2018 and 09.07.2018 of Learned Additional Chief Judicial Magistrate, Fatehpur, Shekhawati, Sikar in criminal case No. 11/2017 State of Rajasthan Vs. Liyakat AN regarding permission to the petitioner to go abroad.

2. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material made available on record.

3. None has appeared on behalf of the complainant-respondent.

4. Learned counsel for the petitioner submits that in S.B.Cr. Misc. Bail No. 10854/2017, this Court vide order dated 23.10.2017 granted bail to the present petitioner with the condition that the petitioner would not leave the country without seeking permission from the Trial Court and petitioner could not raise any objection to handing over of the possession of the share which belongs to the complainant as the mutation on the basis of Sahamati Patra was set aside. This condition has already been complied with by the petitioner but still the Trial Court has not accorded him permission to go abroad. This fact also stands fortified by the report dated 03.01.2020 submitted by the concerned Station House Officer. Therefore, the petition deserves to be allowed.

5. Learned Public Prosecutor submits for appropriate directions.

6. On bare perusal of the record, it is revealed that the accused petitioner Liyakat AN was enlarged on bail with the above mentioned condition and the Trial Court has also disposed of the application of the petitioner with the direction that he is free to leave the country on fulfillment of the conditions imposed in the bail order. In compliance of order dated 10.12.2019 of this Court, the concerned Station House Officer, Kotwali, Fatehpur, Sikar has submitted his report dated 03.01.2020 according to which disputed land is not in possession of the accused petitioner Liyakat AN and the same is in the possession of respective khatedar (tenants). Thus, above condition imposed by this Court stands fulfilled.

7. Therefore, the petition is disposed of with the direction to the learned Additional Chief Judicial Magistrate, Fatehpur, Shekhawati, Sikar to accord permission to the accused petitioner to leave the country and go abroad in terms of bail order dated 23.10.2017 passed by this Court in S.B. Cr. Misc. Bail No. 10854/2017 titled as Liyakat AN Joya Vs. State of Rajasthan.