Rita Singh vs State Through (C.B.I.)
2005 Latest Caselaw 778 Del

Citation : 2005 Latest Caselaw 778 Del
Judgement Date : 13 May, 2005

Delhi High Court

Rita Singh vs State Through (C.B.I.) on 13 May, 2005

Equivalent citations: 120 (2005) DLT 115

Author: R Sodhi

Bench: R Sodhi

ORDER

R.S. Sodhi, J.

Cr. M.A. 5103/2005

1. Allowed subject to just exceptions Application disposed of.

Crl. M.A. 5102/2005

2. This is an application for modification of the order dated May 3, 2002, to the effect that the condition requiring the petitioner to obtain leave of the Court before travel abroad be deleted.

3. Counsel for the petitioner submits that this condition is causing hardship inasmuch as, although the Trial Court has on occasions granted permission to travel abroad, yet unless such a permission is granted in time she is not able to travel, which causes hindrance in the normal working of business. Counsel submits that thrice she could not travel because permission was not granted in time.

4. Heard Counsel for the Central Bureau of Investigation, who submits that in the interest of justice, it would be proper if the petitioner is permitted to go abroad on her furnishing an additional bond together with travel itinerary and address of contact. He also submits that the petitioner should ensure that the trial is not delayed on account of her travel abroad. He further submits that in the event, the trial proceeds in petitioner's absence, petitioner will not dispute her identity when the witnesses are being examined.

5. Counsel for the petitioner agrees to all the terms and conditions suggested by Counsel for the Central Bureau of Investigation.

6. Heard Counsel for the parties. In view of the submissions made the application is allowed and disposed of.

7. The condition requiring the petitioner to take permission of Court and deposit of passport are waived. However, the petitioner, whenever she proposes to go abroad shall inform the Trial Court. She shall also furnish an additional bond in the sum of Rs. 1,00,000/- (Rupees one lakh) to the satisfaction of the Trial Court along with an itinerary and the address where she can be contacted by the prosecuting agency if need be.

A copy of this order be given dusty to Counsel for both the parties.