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Lifeisgreat (None)     05 January 2012

Permission to travel abroad and getting back passport

1. Me, my father, brother and bhabhi were booked under 498A and we got regular bail since June 2010. Later chargesheet was filled and before month and ha half charges were framed in trial court.

 

2. It was the condition of regular bail that we should surrender our passport to the court.

 

3. Now my father is willing to go on trip to europe for about 20 days.

 

My question is  (Reason to ask this question is - according to my lawyer, court may refuse permission stating that now case is in evidence stage and case may get delayed)

 

1. We he get permission to travel abroad and will he get back passport?

 

2. Does PUBLIC PROSECUTOR has any role to play in objecting permission?

 

3. Can we ask back passport from court for all even if we do not have any plan to visit abroad?



Learning

 3 Replies

subhash kulkarni (put in more than 40 years practice)     06 January 2012

please see the following cases on the point.

1. Maneka Gandhi  Vs. Union of India  A.I.R.1978 SC 597

2. Deepak Dwarkasingh Chhabria Vs. Union of India  1996(4) All.MR 241

3. Shayam Dwarkadas Chhabria   Vs. The Reginal Passport Officer & Anr.  2000 All MR(Cri) 5

4. Nanda' case reported in 2008(2) Bom.C.R.514

Lifeisgreat (None)     07 January 2012

thanks a lot.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

However, the same is not the end of the matter.

 

Courts routinely ask people to surrender the passports.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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