ORDER

The petitioner has filed the present petition under Section 482 of Cr.P.C.

being aggrieved by the order dated 21.11.2022, in case no.919/2019 whereby the learned JMFC, Neemuch has dismissed the application for grant of permission to the petitioner for business trip of Paris (France).

Facts of the case in short are that the petitioner is facing the trial of Crime

No.105/2021 of police Station Baghana, District Neemuch for the offence punishable under Section 406 of IPC for misappropriation of funds of approximately Rs.2,15,22,621/-.

However, vide order dated 28.04.2021 passed in MCRC No.19665/2021, this Court has granted bail to the petitioner but stipulated that the petitioner shall not leave Indian territory without permission of trial Court.

Hence, the petitioner has filed and application for permission to leave

Indian territory for a business trip for Paris (France) between 06.12.2022 to 08.12.2022 and being a businessman, the petitioner is required to attend the said event which is going to be held between 06.12.2022 to 08.12.2022. In support of his contention, counsel for the petitioner has also filed air tickets dated 04.12.2022 and 09.12.2022. Hence, prays for grant of permission to leave the

Indian Territory between 04.12.2022 to 10.12.2022.

Counsel for the State has opposed the prayer by submitting that the petitioner has misappropriated huge amount and hence, he is not entitled for any relief from this Court.

I have heard the learned counsel for the parties and perused the record.

From the face of record and after perusal of the bail order dated

28.04.2021 passed in MCRC No.19665/2021, this Court has stipulated a condition on the petitioner that the petitioner shall not leave the Indian territory without permission of the trial Court, thereafter the petitioner has filed the application which was dismissed by the learned Court below vide the impugned order. But it is clear that while granting the anticipatory bail, this Court has only directed the petitioner not to leave the Indian territory without permission of the Court below and the petitioner prays for same which is just and proper in the considered opinion of this Court. Hence, the order impugned is set aside and the petition is allowed.

The petitioner is permitted to leave the Indian territory till 04.12.2022 to

10.12.2022. On completion of the aforesaid period, the petitioner will keep presence himself in person before the Court below and inform the Court below positively on 13.12.2022.

With the aforesaid, the petition stands allowed and disposed off.

A copy of this order be sent to the court below concerned for information.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA))

JUDGE

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