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2023 DIGILAW 349 (RAJ)

Surendra Kumar v. State of Rajasthan

2023-01-31

BIRENDRA KUMAR

body2023
ORDER 1. Heard the parties. 2. The petitioner is an accused facing trial for offences under Sections 498A, 406, 323, 354, 377 of IPC in FIR No.0177/2022 registered with Police Station Nau-Gaav District Alwar. 3. The petitioner is aged about 68 years and he is suffering from heart ailment. While allowing the prayer for anticipatory bail to the petitioner in Criminal Misc. Bail Application No.10434/2022, a Bench of this Court imposed a condition that the petitioner shall not leave India without permission of the Court. The petitioner applied before the Court below for permission to go abroad for his cardiac treatment. The prayer was refused by the impugned order dated 29.12.2022. Considering the condition imposed in the anticipatory bail order the Court below was of the view that in the event of the petitioner leaving the country, the interrogation by the Police would be hampered. It is surprising that investigation of the case is pending since last one year and the petitioner is yet to be interrogated by the Police. 4. No cogent reason has been disclosed for refusal of the prayer to get treatment in a Foreign Country. Permission to go abroad is allowed for 60 days from the date of start of journey. Prayer for extension of time, would be considered, if occasion so arises, on production of tangible evidence that the petitioner needs more time to be treated in the Foreign Country. The petitioner shall ensure that pending investigation / trial should not hamper in absence of the petitioner. 5. The petition is accordingly allowed.