The court has the discretion to grant permission for travel abroad while facing trial, and may impose conditions to ensure the petitioner's return.

JUDGMENT

Vivek Rusia, J. - This petition under Section 482 read with Section 401 of Criminal Procedure Code, 1973 (herein after referred to as âthe Codeâ) has been filed by the petitioner against order dated 23.02.2023 (Annexure P/03) passed in Criminal Revision No.17/2023 by the learned Fifth Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore (MP), whereby the learned Additional Sessions Judge has refused to grant permission to the petitioner to travel abroad along with family members for seven days from 07.03.2023 to 13.03.2023.

2. Learned counsel for the petitioner submits that the petitioner is the owner of the Petrol Pump. There is no allegation of embezzlement of crores of rupees; and the trial is pending against the petitioner only for alleged offence punishable under Sections 420 and 120-B of the Indian Penal Code, 1860 and also under Section 3 read with Section 7 of the Essential Commodities Act, 1955. He has also produced / enclosed return air tickets also along with the present petition.

3. Learned counsel appearing for the petitioner further submits that the proceedings of the trial Court has been stayed by the Apex Court vide order dated 10.02.2023 (Annexure P/05) in Petition for Special Leave to Appeal (Criminal) No.1562/2023 (Suresh & others v. The State of Madhya Pradesh) [Arising out of impugned final judgment and order dated 09.12.2022 in MCRC No.22379/2022 passed by the High Court of MP at Indore]. The petitioner is already on bail and has never misused the liberty extended to him. Under these facts and circumstances, learned counsel prays that the present petition be allowed and the petitioner be permitted to travel abroad.

4. In support of his contentions, he has also placed reliance upon a decision rendered by the Supreme Court in the case of Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi and others reported in AIR 1967 SC 1836 and decision dated 09.04.2019 in case of Satish Chandra Verma v. Union of India & others, Civil Appeal No.3802/2019 (Arising out of SLP (Civil) No.1655 of 2019); and recent decision dated 31.03.2022 of this Court in case of Jagdish Arora S/o Late Mohan Lal Arora & another v. Union of India, Miscellaneous Criminal Case No.4923/2022, Principal Seat at Jabalpur as well as another decision dated 19.09.2016 rendered by of this Court in the case of Chandanmal S/o Rajmahal Chordia v. Suryakant S/o Manakchand Johari, Miscellaneous Criminal Case No.2360/2016, Indore Bench.

5. Learned Government Advocate appearing for the respondent / State, on the other hand, opposes the prayer.

6. Having considered the rival submissions and on perusal of the documents filed on record as well as looking to the charges levelled against the petitioner and stay by the Apex Court over the proceedings pending in the case before the trial Court so also the decisions cited by the learned counsel for the petitioner and looking to the fact that there is no certainty of conclusion of the trial in near future, this Court is of the opinion that the petitioner has made out a case for grant of permission to travel out of country along with family members for seven days from 07.03.2023 to 13.03.2023.

7. In this view of the matter, the impugned order dated 23.02.2023 (Annexure P/03) passed in Criminal Revision No.17/2023 by the learned Fifth Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore (MP) is hereby set aside; and the petitioner is permitted to travel abroad along with family members for seven days from 07.03.2023 to 13.03.2023 on the following conditions: -

(i) The petitioner shall deposit Fixed Deposit Receipt (FDR) of Rs.5,00,000/- (Rupees Five Lakhs only) of any nationalized Bank in the name of Court and the same shall be returned to him after he returns back to India: and

(ii) The petitioner shall furnish an undertaking that he shall return back to India on 13th March, 2023 i.e. on or within seven days from the date when he leaves India, if he fails to do so, the C