Aartik Kanal vs State Of Rajasthan
2022 Latest Caselaw 1128 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 294/2022

Aartik Kanal S/o Late Shri Naresh Kanal, Aged About 35 Years, R/o Kanal House, Daulat Nagar Road No. 10, Borivali, East Mumbai, Maharashtra.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Harsha W/o Aarthik Kanal, Aged About 27 Years, D/o Shri Dharmendra Phuwani, B/c Sindhi, R/o 202, Jwala Vihar, Near Somani College, Jodhpur.

----Respondents

For Petitioner(s) : Dr. RDSS Kharlia (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/01/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been filed by the petitioner with a prayer for granting him

permission to travel abroad.

Learned counsel for the petitioner has submitted that the

petitioner is serving in merchant navy and he has to travel abroad

for his work on the ship around 15/16 January or in the next week

within the month of January.

It is noticed that the petitioner has been granted benefit of

anticipatory bail by a Co-ordinate Bench of this Court vide order

dated 06.01.2022 with a condition that he shall not leave India

without previous permission of the Court.

(2 of 2) [CRLMP-294/2022]

It is also noticed that the petitioner has filed an application in

the court of Special ACJM (PCPNDT Act Cases), Jodhpur

Metropolitan with a prayer for allowing him to go abroad, however,

the said court has dismissed the application by the petitioner on

the ground that till date, charge-sheet has not been filed in the

matter and the bail bonds of the petitioner have also not been

verified, therefore, it has no jurisdiction to grant permission to the

petitioner to go abroad.

Having heard learned counsel for the parties, this Court is of

the opinion that by way of filing the instant criminal misc. petition,

essentially the petitioner is seeking relaxation in the condition

imposed by the Co-ordinate Bench of this Court while granting him

benefit of anticipatory bail. This Court is also of the opinion that

modification/relaxation in the order can only be done by the

Bench, which has imposed the said condition.

Hence, let this criminal misc. petition be listed before the

concerned Bench.

Office to proceed.

(VIJAY BISHNOI),J 101-Arun/-

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