LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj patel (Manager)     26 September 2011

Travelling when on bail

Dear all,

My family and I are on bail from 498a,406, etc. The police is going to submit chargesheet by end of this month.

While we got our bail one of the condition of court was:

Do not leave Gujarat State (we live in Amd.) without informing court otherwise the bail will be dismissed automatically.

Now my parents want to visit my grandma who lives in Delhi. I know we have to inform the court but just need your opinion; is it long and costly procudure?

Once chargesheet is filed in the court, do we need the permission to leave the state?





 1 Replies

Tajobsindia (Senior Partner )     27 September 2011

1. To give you straight yes and or no answer will not help your cause. Hence here are two scenarios discussed in short and suggestion given accordingly;



Scenario 1: If chargesheet is yet to be filed, you may approach the trial court requesting you to allow to accompany old retired parents to visit old retired senior citizen grandmother for a specific period (mention the duration of your travel). You may mention that this travel is required for seeing her welfare as she is in advance stage. If possible, provide travel documents which shows that your other family members are asking you to accompany them. Also mention that you will appear in person in the court as and when required by the court. In such scenario, the court usually gives you permission to go out of State for that specific period.



Scenario 2: You may approach the court (which mentioned this condition while granting bail) for getting the condition waived. This is usually possible if police investigation is over and charge-sheet has been filed. In this scenario / situation mention in your application that you will appear in person in the court as and when required by the court during trial. In such scenario, the court usually waives-off the condition. And once this is done, you need not take court's permission to go out of Jurisdiction of Court whenever you do so again in the future.



2. However if you are admitted on Anticipatory Bail and regularized it without getting arrested, you can not travel outside Jurisdiction without permission of the court.



3. Also note if you are admitted on Regular Bail after being arrested and/or have surrendered before Trial Court, no such conditions could have been imposed on you and you can travel freely. Here a smart Adv. would have helped you, but then this que. would not have seen the ink which is besides the point being made !

PS.: You here are ‘generic’.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register