Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 1700 (RAJ)

Joon Yul Yoo v. State of Rajasthan

2010-10-04

MAHESH CHANDRA SHARMA

body2010
Hon'ble SHARMA, J.—Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. This petition has been filed by the petitioner under Section 482 Cr.P.C. Against the order dated 20.8.2010 of Additional Sessions Judge (Fast Track) No. 1 Kota rejecting the application of the petitioner for granting permission to the petitioner to go to his country for one month to meet his relatives. 3. The learned counsel for the petitioner contended that the passport of the petitioner has been seized by the police and it has been produced before the court with the challan. The counsel stated that if any person does not come then there are many ways for calling that person from his country. The photocopy of the passport is already available on record and the Embassy of Republic of Korea situated in New Delhi will also bring the petitioner back if he does not come. It may be mentioned that earlier the petitioner submitted similar application for going to his native place on the ground of illness of his mother in law, but the same was rejected by this court on the ground that the mother in law of the petitioner had expired. The learned counsel for the petiti-oner contended that the Embassy of Republic of Korea New Delhi has already given an undertaking for taking diplomatic action to bring him back to India. 4. Without expressing any opinion on the merits and keeping in view all the facts and circumstances of the case, the petitioner is permitted to go to his country for one month if he fulfills the following conditions: 1. The Embassy of Republic of Korea situated in New Delhi may submit an undertaking to this effect that if the petitioner is allowed to go to his country for a period of one month, in case the petitioner does not report to the concerned court after completion of one month then the Embassy of Korea in New Delhi will make arrangements of deployment of the petitioner from Korea back to India. 2. The petitioner may submit two sureties of Rs. 50,000/- each of the locality of Kota and personal bond in the amount of Rs. 1,00,000/- to the satisfaction of the trial Court for going to his residence abroad only for a period of one month. 2. The petitioner may submit two sureties of Rs. 50,000/- each of the locality of Kota and personal bond in the amount of Rs. 1,00,000/- to the satisfaction of the trial Court for going to his residence abroad only for a period of one month. In case the petitioner is not returned back, the trial Court will be free to issue arrest warrant of the accused petitioner and the same shall be given to the Embassy of Republic of Korea onward arrest of the accused petitioner. The sureties shall also undertake to present the petitioner after one month of his going to his native place.