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Fight for justice (manager)     19 October 2015

Court permission for travel

The husband and other co-accused have got regular bail for 498A. Husband bail has condition to seek court permission before overseas travel. Does he have to take permission before he applies for visa or can he do both in parallel, so long as he obtains court permission before he actually travels?



 6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 October 2015

 

For applying passport only you need court permission; not for visa.

Please make a petition U/S 205 CrPC to get permanent exemption and then travel. Also you can approach HC to review bail condition and speedy trial in-persion.

 

( or don’t disclose anybody, not even your lawyer and travel  wink)

 

Please see my profile links for sample petitions and other clues. 

FightForCause (Businessman)     20 October 2015

If your company is sending you then u can get the invite letter which mentions your duration of travel.

Attach the same with your application and request judge to let u travel for this term duration. Also mention as u are permanent employee of company and your base is ur city..u will definitely come back.

You cn also mention your visa is only valid for this to this period.

 

On ur application PP has to file reply and then argument and then order.

So if u are travelling oon...move fast...may be take matter on board.

PP has to file reply asap so that matter can proceed.

 

All the best

SAINATH DEVALLA (LEGAL CONSULTANT)     20 October 2015

Whether it is conditional bail or not ,he has to obtain permission from the court for applying for VISA.As 498A is a criminal case he has to mention it in the VISA applicatiion as well.

Fight for justice (manager)     20 October 2015

@ Sainath - I have a difference of opinion. If bail condition does not mention that accused needs to take court permission before overseas travel, why should accused seek permission? Under which law is this stated? [Please note I am only referring to short overseas travel for work or vacation not prolonged/extended stays abroad.]

If the visa application does not ask, why and how will applicant disclose criminal case? Most  visa forms dont ask if you have pending criminal cases and att best some ask if you have been convicted.

 

 

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     20 October 2015

For further details better contact the court or the foriegn affairs ministry,and garner enough knowledge before proceeding.

SAINATH DEVALLA (LEGAL CONSULTANT)     20 October 2015

If you are apprehensive, better to obtain permission of court as it is conditional bail..Such permission is generally granted if there is no likelihood of accused absconding and matter is not delayed due to absence of accused.


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