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Court grants permission and accept the appeal for leaving the Country even if the trial goes on: High Court Of Patna

Petitioner filed a writ petition pleading for the renewal of VISA and allowing him to go back to his home country. The court put orders that till the case goes on the petitioner shall not leave the Country. In the light of all facts and circumstances, the court now allowed the application with the concerned authority and he is allowed to go back even if the trial goes on. The Hon’ble High Court of Patna before Mr. Justice Ashutosh Kumar in the Wu Chuangyong and Ors v. The State of Bihar and Ors[Criminal Writ Jurisdiction Case No.1178 of 2019]. 

The facts of the case were that petitioner No. 2 was dismissed as he was granted permission by the authorities to travel back to his home country. The Petition was only concerned with Petitioner No. 1. The authorities were requested to renew the VISA of the petitioner and it has been pleaded by him to allow him to exit India and go back to his home country by renewing VISA. An application was filed for modification of such bail order which prohibited the petitioner to leave the country before the conclusion of the trial.

The application was allowed and the order was hence modified. no such condition was imposed on petitioner No. 1 when his bail application was disposed of. It is in this background that it requires to be understood that no positive order was passed by the concerned authority with respect to the petitioner either allowing or disallowing him to visit his homeland for renewal of his VISA.

It was submitted that Petitioner No. 1 was ready to execute the bond with the concerned authority and shall be deemed to be appropriate to ensure his return to his country to face the trial in case it went on.

The Hon’ble High Court Of Patna directed,” Under such circumstances, this Court directs that in the event of a fresh on-line application/representation being made by the petitioner No. 1 before the concerned authority within a period of three weeks from today, the same shall be disposed of by the authority concerned within a further period of four weeks…”The Petition was hence disposed of on the mentioned terms.

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Judgment Reviewed By Nimisha Dublish

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