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Sachin C   19 January 2023

Travel abroad without court permission

In 498A case my family has got bail with condition of not to leave India without court consent. However, my Jijaji unwlaware of detailed order has Travelled without court consent as per order. Would there be any call for any action from court? 



Learning

 6 Replies

Real Soul.... (LEGAL)     19 January 2023

If the court got knowledge about his travel without permission then he is in trouble, his bail can be cancelled or fine will be imposed upon him. If he is still abroad ask him to return. Be careful as if the opposite party would come to know about this event they will certainly inform the court and you will be in trouble.

Just handle the matter now to keep  it secret .

AMMAR YASIR   19 January 2023

untill the opposite party file a complain against him, if any complaint is made to the competent court who directed him to restrictions on leave india. then he will be in trouble and also commit a contempt of court

P. Venu (Advocate)     19 January 2023

There need not be any problem unless the prosecution makes an issue of it or the accused fails to appear when specifically required by the Court - for instance, for examination under Section 313 CrPC.

pankaj verma   20 January 2023

passport agency will demand noc from court from u...it's very easy 9816374011

Adv. Mohit Chahal (Advocate)     20 January 2023

Dear Querist

Sec 498A of IPC is not a heinous crime. Courts are aware of gross misuse of this provision by wives.

The accused may apply in the Trial Court seeking relaxation of any condition imposed at the time of granting bail by the Court.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


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sahithi reddy   21 January 2023

Unless the court has ordered you not to travel abroad, you are free to do so. The accused is not prevented from leaving India by the mere filing of the case, even if it is accompanied by a court order of restraint.

 

But it depends on the terms under which your bail was approved. Your financial choices and geographic movements may be restricted by the bail conditions. Your ability to leave the nation will depend on the type of crime with which you have been charged, the regulations governing bail in your jurisdiction, and the preferences of the judge assigned to your case, regardless of the cause for your intended journey. If your bail is unconditional and there is no order of restraint operating against you, you are free to travel unless there is a condition that prevents you from traveling while the case is pending.

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