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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Jonty Chhag @ Jonty Vinay Chhag – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner seeks permission to travel abroad. (Para 1 , 2) |
| 2. petitioner argues for the necessity of travel; opposition claims risk of flight. (Para 3 , 4 , 5) |
| 3. court considers legal parameters for travel permission during trial. (Para 6 , 7 , 8) |
| 4. right to travel is part of personal liberty under article 21. (Para 9) |
| 5. judicial balancing between personal liberty and justice administration. (Para 10 , 11 , 12 , 13) |
| 6. court determines to allow travel based on previous compliance and no flight risk. (Para 14) |
| 7. permission for travel granted with conditions. (Para 15) |
JUDGMENT :
SUMEET GOEL, J.
1. Taking exception to the order dated 05.09.2025 (hereinafter referred to as ‘impugned order’) passed by SDJM, Gharaunda, District Karnal, Haryana (whereby the plea of the petitioner – herein for grant of permission to travel abroad has been declined), the petitioner has preferred the petition in hand. In essence, the petitioner is seeking permission to travel abroad for business related purpose(s).
2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:
(i) The petitioner (herein) is an accused, facing trial, in FIR No.158 dated 13.
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 right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.
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