Kajal v. State

Delhi High Court · 06 Feb 2017 · 2017:DHC:696
S.P. Garg
CRL.M.C. 474/2017
2017:DHC:696
criminal appeal_allowed

AI Summary

The Delhi High Court relaxed the bail condition requiring prior permission to leave NCR, allowing the petitioner freer movement while on bail, subject to restrictions on international travel.

Full Text
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Crl.M.C.474/2017 HIGH COURT OF DELHI
Date of Decision: 6th FEBRUARY, 2017
CRL.M.C. 474/2017
KAJAL ..... Petitioner
Through : Mr.Prashant Manchanda, Advocate.
VERSUS
STATE ..... Respondent
Through : Mr.Arun K.Sharma, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J. (Oral)
CRL.M.A.No.2088/2017 (Exemption)
Exemption allowed subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 474/2017
JUDGMENT

1. Present petition has been preferred by the petitioner under Section 482 Cr.P.C. for relaxation / waiver of conditions imposed in bail order dated 17.08.2015. Status report not filed.

2. I have heard the learned counsel for the parties and have examined the file. The petitioner is undisputedly facing trial under Sections 419/420/467/468/471/120B IPC in case FIR No.41/2015 at PS Crime Branch. She was in custody since 07.07.2015. The Trial Court granted bail vide order dated 17.08.2015. One of the conditions imposed was that the 2017:DHC:696 Crl.M.C.474/2017 petitioner shall not leave NCR of Delhi without seeking prior permission of the learned Trial Court.

3. It has come on record that the petitioner was granted permission at various occasions to leave NCR and there are no allegations of its misuse. Learned APP has no objection to the relaxation of the condition as the petitioner has not violated the terms and conditions of the bail order.

4. Considering the facts and circumstances and in the interest of justice to avoid hardship to petitioner to get permission every time to visit beyond NCR, bail order is modified and the condition seeking prior permission before leaving NCR is dispensed with. The petitioner, however, shall not travel outside India without prior permission of the Trial Court.

5. The petition stands disposed of in the above terms.

JUDGE FEBRUARY 06, 2017 / tr