Bisu Benjamin Aind @ Bishu Benjamin Ain @ Bishu Aind, son of late Thibhu Aind v. State of Jharkhand
2022-06-22
SANJAY KUMAR DWIVEDI
body2022
DigiLaw.ai
JUDGMENT : Learned counsel for the petitioner submits that he will remove the defect in course of day. 2. Let him do so. 3. Heard Mr. Jorong Jedan Sanga, learned counsel for the petitioner and Mrs. Vandana Bharti, learned counsel for the State. 4. The present petition has been filed for setting aside of order dated 15.06.2022 passed in Misc. Cr. Appeal No. 3581/2022 passed by the learned Judicial Magistrate, XXII, Ranchi in connection with Lalpur P.S. Case No. 170 of 2017, corresponding to G.R. Case No. 2932 of 2017 whereby petition filed by the petitioner for grant of permission to travel Italy for his professional career, has been rejected. 5. Mr. Jorong Jedan Sanga learned counsel for the petitioner submits that F.I.R. was lodged on 09.06.2017 on the allegation that the petitioner was leading a mob against amendment of Chhotanagpur Tenancy Act and Santhal Pargana Tenancy Act was opposed and some of the persons involved in the mob were negligently driving the bike. He further submits that the petitioner was allowed privilege of anticipatory bail by this Court thereafter the petitioner is regularly appearing in the court below. He further submits that the petitioner is a priest (Christian religious leader) got the invitation to participate the Jubilee of 50 years of Priesthood of Father Don Giovanni Mazzillo, Tortora (CS) Italia on 16.07.2022, who was also the professor of the petitioner in the University and the guide of the petitioner Doctoral thesis in Rome and there is also a priestly ordination of the petitioner fellow brother in Calabria on 02.07.2022. He further submits that all these documents were filed before the learned court below but the same was rejected. He further submits that Visa has been granted to the petitioner. He further submits that the petitioner has Air Ticket to go to Italy on 24.06.2022 and to return to India on 10.09.2022. He refers to para 18 of the petition and submits that the petitioner will give undertaking that in his absence if any witness is produced, the counsel for the petitioner will cross-examine and no adjournment will be taken. Referring para 21 of the petition he submits that undertaking is there that the petitioner will return to India by 10.09.2022.
He refers to para 18 of the petition and submits that the petitioner will give undertaking that in his absence if any witness is produced, the counsel for the petitioner will cross-examine and no adjournment will be taken. Referring para 21 of the petition he submits that undertaking is there that the petitioner will return to India by 10.09.2022. He submits that undertaking is also there in para 22 of the petition that if the petitioner fails to return back by 10.09.2022 the court may cancel his bail bond. He further submits that period indicated above, the petitioner may be allowed to travel to Italy. 6. Mrs. Vandana Bharti, learned counsel for the State submits that serious allegation is there and that is why the learned court below has rejected the prayer of the petitioner. 7. It is well settled law that right to travel abroad is fundamental right. This was decided by the Full Bench of the Hon’ble Supreme Court in the case of “Satwant Singh Sawhney V. D. Ramarathnam” reported in AIR 1967 SC 1836 in which it has been held that the expression of “personal liberty” in Article 21 takes in the right of locomotion and to travel abroad, but the right to move throughout the territories of India is not covered by it in as much as it is specially provided in Article 19. Under Article 21 no person can be deprived of his right to travel except according to procedure established by law. This aspect has again considered by the Hon’ble Supreme Court in the case “Mrs. Maneka Gandhi V. Union of India and another” reported in (1978) 1 SCC 248 . 8. In the light of aforesaid judgments this Court is to decide whether the petitioner should be permitted to travel to Italy for two and half months or not. 9. The conduct of the petitioner and above all, the need to ensure that he does not pose a risk of evading the prosecution. The Visa has been granted. The petitioner has annexed copy of Air Ticket which shows that the petitioner has to go Italy on 24.06.2022 and will return to India on 10.09.2022. 10. In view of aforesaid facts the Court is of the considered view that the petitioner may be permitted to go abroad in terms of the itinerary as set out in para 10 of the petition.
10. In view of aforesaid facts the Court is of the considered view that the petitioner may be permitted to go abroad in terms of the itinerary as set out in para 10 of the petition. The petitioner shall leave for Italy on 24.06.2022 and will return to India on 10.09.2022 and to Ranchi on 11.09.2022. Accordingly, the petitioner is permitted to go abroad in terms of the aforesaid itinerary on and from 24.06.2022 and return to India on 10.09.2022 and to Ranchi on 11.09.2022 subject to the following conditions:- (a). The petitioner will furnish a bond of Rs. 2,50,000/- (Rupees two lacs fifty thousand only) along with a cash security of equivalent amount to the satisfaction of the trial court undertaking to act in terms of this order and return to Ranchi on or before 11.09.2022. (b). Sanika Aind, who is brother of the petitioner who is resident of village Ludru, P.O. Karra, P.S.- Karra, District-Khunti, Jharkhand shall personally stand as surety and execute a bond to the satisfaction of the trial court undertaking that the petitioner shall act in terms of this order and return to Ranchi on or before 11.09.2022. He will also affirm an affidavit to that effect before the trial court. (c). The petitioner shall intimate his travel itinerary to the Senior Superintendent of Police, Ranchi and also intimate the addresses where he would be residing abroad prior to his departure. (d). The petitioner shall report to the Senior Superintendent of Police, Ranchi at least once in a week on telephone the number whereof also be furnished before hand. (e). The petitioner shall return to Ranchi on or before 11.09.2022 and within 24 hours thereof report to the Senior Superintendent of Police, Ranchi and would positively personally appear in the trial court on 12.09.2022. 11. The Senior Superintendent of Police, Ranchi shall satisfy itself as to whether the aforesaid conditions have been complied with. 12. After return to Ranchi, the petitioner is at liberty to withdraw the cash deposit before the trial court. 13. This criminal miscellaneous petition stands disposed of. Impugned order dated 15.06.2022 is modified to the above extent.