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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Mehul Sukumaran – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. details regarding travel petition (Para 1 , 2) |
| 2. request supported by affidavit (Para 3 , 4) |
| 3. opposition to petition on potential flight risk (Para 5 , 6) |
| 4. fundamental right to travel abroad (Para 10 , 11 , 12 , 13) |
| 5. court grants petition under conditions (Para 14 , 15 , 16) |
Virender Singh, J.
1. By way of the present petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘ BNSS ’), petitioner-Mehul Sukumaran has sought the permission of this Court to allow him to travel to Dubai, UAE, from 8th December, 2024 to 15th December, 2024, with a direction to the respondent-CBI to release his passport.
2. Brief facts, leading to the filing of the present petition, are as under:
2.1. The petitioner is facing trial in case FIR No. RC0962018A0003, dated 21st June, 2018, registered under Section 12 0-B of the INDIAN PENAL CODE (hereinafter referred to as ‘IPC’) and Sections 7 , 12, 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, with CBI, ACB, Shimla, H.P.
2.2. The petitioner, when apprehending his arrest, in the aforesaid case, had approached this Court, by way of CrMP (M) No. 1172 of 2018,
The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.
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 right to travel abroad is not a fundamental right; denial for non-essential travel does not violate legal provisions.
The right to travel abroad is a fundamental liberty, and courts must balance this right with the necessity of the accused’s presence in trial proceedings.
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, which cannot be curtailed by the pendency of departmental proceedings without due process.
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