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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 April 2013

Court can not imposed condition not to leave the country wit

 

Crl.M.C. 4231/2012 Page 1 of 4

44

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4231/2012

NANDINI BHATNAGAR ..... Petitioner

Through: Mr. S.K. Bhaduri, Advocate with

Mr. Krishna Kumar, Advocate with 

petitioner in person.

versus

STATE GOVT. OF NCT OF DELHI ..... Respondent

Through: Mr. Manoj Ohri, APP for State with

ASI Narender Singh, PS CWC Nanak 

Pura, New Delhi.

Mr. Atul Aggarwal and Mr. Deepak 

Jain, Advocates for complainant.

Complainant in person.

% Date of Decision: 14th December, 2012

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

J U D G M E N T

MANMOHAN, J : (Oral)

Crl.M.A. 19845/2012 (exemption) in Crl.M.C. 4231/2012

Allowed, subject to just exceptions.

Accordingly, present application stands disposed of.

Crl.M.C. 4231/2012 & Crl.M.A. 19844/2012

1. Present petition has been filed under Section 482 Cr.P.C. challenging 

the condition imposed by the Additional Sessions Judge, Dwarka Courts, 

New Delhi, whereby the petitioner has been directed “not to leave the 

boundary of the NCT of Delhi as well as the NCR and the country without Crl.M.C. 4231/2012 Page 2 of 4

the prior permission of the concerned Court of Ld. M.M.”.

2. Issue notice.

3. Ms. Jasbir Kaur, learned APP accepts notice on behalf of the State.

Mr.Atul Aggarwal, learned counsel accepts notice on behalf of complainant.

With consent of parties, matter is taken up for hearing.

4. The relevant facts of the present case are that petitioner’s sister-in-law 

had filed a First Information Report being FIR No.124/2012 with Crime 

Against Women Cell, Nanakpura, New Delhi under Sections 498A/406/34 

IPC. In the said FIR, allegations have been made against the petitioner and 

her family members.

5. The Sessions Court granted anticipatory bail to the petitioner vide 

order dated 06th October, 2012. But by the said order, it imposed the 

aforesaid impugned condition. The order passed by the Additional Sessions 

Judge is reproduced hereinbelow:-

“ Heard. In view of the submissions and averments made 

in the application and the allegations against the present 

applicant being the unmarried sister-in-law (nanad) of the 

complainant, the applicant is admitted to anticipatory bail on 

furnishing personal bond in a sum of Rs.25,000/- with one 

surety in the like amount in the event of her arrest to the 

satisfaction of concerned IO/arresting officer/SHO.

The applicant is directed to join the investigation as and 

when required by the IO and she is also directed to deposit her 

passport within 2 days with the IO and she is directed not to 

leave the boundary of the NCT of Delhi as well as the NCR and 

the country without the prior permission of the concerned Court 

of Ld. MM and if, she gets the permission from the concerned 

Court, she is also directed to inform the same to the IO.

The application is disposed of accordingly.

The copy of this order be given dasti to both the parties 

for its compliance.”Crl.M.C. 4231/2012 Page 3 of 4

6. It is stated in the present petition that petitioner is employed with the 

International Finance Corporation which is a part of the World Bank group

and due to exigency of work, she has to periodically travel out of station and 

even abroad.

7. It is further stated in the petition that petitioner has to travel on 17th

December, 2012 to Nepal in connection with a development project. It is 

also stated that for the said project she has to travel on and off to Nepal for a 

period of approximately six months. A letter dated 04th December, 2012 to 

this effect issued by Ms. Monica J Chander, Head-Portfolio, South Asia 

Manufacturing, Agribusiness and Services Department is enclosed.

8. It is settled law that right to travel is a facet of personal liberty and is 

protected by Article 21 of the Constitution of India. (See Maneka Gandhi 

Vs. Union of India & Anr., (1978) 1 SCC 248 and Satwant Singh 

Sawhney Vs. D. Ramarathnam, Assistant Passport Officer, Government of 

India, New Delhi & Ors., AIR 1976 SC 1836).

9. This Court also takes judicial notice of the fact that the condition of 

obtaining prior permission before leaving the boundary of Delhi is a 

cumbersome one as the permission takes time and causes hardship to the 

petitioner. This Court is of the view that the impugned condition would 

certainly restricts the accused’s fundamental right to travel.

10. Undoubtedly, the accused’s right to travel can be curtailed by a 

reasonable, transparent and fair procedure, but in the opinion of this Court 

such a restriction should be rarely imposed by the trial court while granting 

bail and that too, for cogent reasons.

11. However, in the present case, this Court finds that the Additional 

Sessions Judge has not given any reason for imposing the aforesaid Crl.M.C. 4231/2012 Page 4 of 4

restriction.

12. This Court is of the view that the right to travel cannot be curtailed as 

a matter of routine – as has been done in the present case.

13. This Court is also of the opinion that if the impugned condition 

imposed by the Additional Sessions Judge is not immediately set aside, the 

petitioner in the near future could lose her job. 

14. Moreover, in the opinion of this Court, petitioner who is having no 

criminal antecedents and good academic qualifications is unlikely to 

abscond.

15. Consequently, present petition is allowed and the condition imposed

by the impugned order dated 06th October, 2012 restraining the petitioner 

from leaving the boundary of the NCT of Delhi as well as the NCR and the 

country without the prior permission of the Court of Metropolitan 

Magistrate is set aside.

16. The SHO/Investigating Officer is directed to release the petitioner’s 

passport forthwith.

17. With the aforesaid observations, present petition and application stand 

allowed.

Order dasti.

MANMOHAN, J

DECEMBER 14, 2012

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