Gujarat High Court: In an application by accused for offences under Section 302, 304-A, 305 and 311 of the Penal Code, 1860, to issue appropriate order or direction permitting him to visit the United Kingdom (UK) for a period of one year, the Division Bench of Sunita A. Agarwal and Aniruddha P. Mayee, JJ. directed the Trial Court to release the accused person’s passport and to apply for the UK Visa.
In the matter at hand, the accused intended to travel to the United Kingdom to visit his son and daughter-in-law, to help them raise their 2 year old son. The Court, vide order dated 11-04-2022 directed the passport authority to issue the passport to the accused and accordingly allowed him to visit the United Kingdom for a stipulated period. The accused person’s case was that the Visa granted by the British High Commission in India expired on 24-05-2022 and the same is required to be renewed. Thus, the applicant is required to fulfill all the necessary requirements for the same. The accused had submitted his passport to the custody of District and Sessions Court, Anand, after his return from the UK. The accused sought directions from the Court to get his passport released and permission to apply for the United Kingdom’s Visa to enable him to meet his family and stay with them for some time.
The Court noted that the Court had previously permitted the accused to travel to the UK and that he had duly returned and deposited his passport without breach of any of the conditions stipulated in the order dated 11-4-2022. Therefore, the Court allowed the accused person’s application and directed the Trial Court to release the accused person’s passport.
The Court allowed the accused to travel to the United Kingdom for a period of one year from the date of release of his passport by the Trial Court. The Court also said that the amount of Rs. 1,00,000/- deposited with the Trial Court, shall remain as such till the accused person returns to India. The accused was also directed to furnish full details of address and contact number, during his stay in UK to the Embassy of India in UK, and before the Trial Court. He was also directed to file Undertaking before the Court, stating that he will come back to India and be present before the Court, as and when his presence is required during the permitted period. The Court stated that the accused shall not permanently stay in the UK.
[Rameshbhai Manibhai Patel v. State of Gujarat, 2024 SCC OnLine Guj 428, Decided on: 19-01-2024]
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