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2013 DIGILAW 1850 (RAJ)

Park Woo Young v. State of Rajasthan

2013-10-22

NARENDRA KUMAR JAIN II

body2013
JUDGMENT 1. - This petition has been filed by the petitioner under Section 482 Cr.P.C. against the order dated 22.08.2013 passed by the learned Additional Sessions Judge No. 6, Kota(hereinafter referred to as 'the Trial Court') in Sessions Case No. 22/2010, whereby the learned Trial Court has rejected the application of the petitioner for granting permission to go to his country, i.e. Republic of Korea for one month to meet his family members and to make arrangements in connection with day to day expenditures and other things. 2. Learned counsel for the petitioner vehemently contended that the passport of the petitioner has been seized by the police and it has been produced before the Trial Court with the challan. He further contended that if any person does not come back, then there are many ways for calling that person from his country. The photo copy 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 back. Learned counsel for the petitioner further submitted that the impugned order passed by the learned Trial Court amounts to abuse of the process of law and liable to be quashed and set aside. Earlier also, the petitioner had been permitted four time to go to his country by this Co-ordinate Benches of this Hon'ble Court vide order dated 07.03.2011 passed in S.B. Criminal Misc. Petition No. 513/2011; vide order dated 10.10.2011 passed in S.B. Criminal Misc. Petition No. 2539/2011; vide order dated 04.04.2013 passed in S.B. Criminal Misc. Petition No. 979/2013; and vide order dated 05.04.2012 passed in S.B. Criminal Misc. Petition No. 1061/2012. The petitioner went to his country and also came back in time as per the directions of this Hon'ble Court. Learned counsel for the petitioner further contended that sufficient steps have been taken by the learned Sessions Judge, while granting bail and heavy bail bonds have been taken and looking to the working and reputation of the petitioner, there is no chance that the petitioner will not come back to this country. There is no chance of absconding of the petitioner. The petitioner has come to raise the construction of a bridge and he is the Planning-cum-Technical Manager in Chambal Bridge Project at Kota. The Embassy of Republic of Korea has also given assurance regarding the return of the petitioner. There is no chance of absconding of the petitioner. The petitioner has come to raise the construction of a bridge and he is the Planning-cum-Technical Manager in Chambal Bridge Project at Kota. The Embassy of Republic of Korea has also given assurance regarding the return of the petitioner. Learned counsel for the petitioner, therefore, prayed that this misc. petition may kindly be allowed and permission may be granted to the petitioner to go to his country, i.e. Republic of Korea for a period of one month. 3. Learned Public Prosecutor appearing on behalf of the respondent-State has vehemently opposed the prayer of learned counsel for the petitioner and submitted that present petition deserves to be dismissed. 4. Without expressing any opinion on the merits and keeping in view all the facts and circumstances of the case, particularly the fact that earlier also, the petitioner was given permission to go to his country four times by the Co-ordinate Benches of this Court as well as in the interest of justice, the petitioner is permitted to go to his country, i.e. Republic of Korea for one month if he fulfils the following conditions: (i) 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 and in case the petitioner does not report to the concerned court after completion of one month, then the Embassy of Republic of Korea in New Delhi will make arrangements for deployment of the petitioner from Republic of Korea back to India. (ii) The petitioner shall submit two sureties of Rs. 50,000/-(Rupees Fifty Thousands) each of the locality of Kota and personal bond in the amount of Rs. 1,00,000/-(Rupees One Lakh) to the satisfaction of the learned Trial Court for going to his residence abroad only for a period of one month. In case the petitioner does not return back, the trial learned 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 for 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. 5. With the aforesaid directions, the present misc. petition stands disposed of.Stay application also stands disposed of.Petition disposed of. *******