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Judgment
IA No.1/2018
It is contended that the applicant-appellant has filed the CRA No.44/2016 challenging therein the judgment dated 30.08.2016 and order dated
31.08.2016 passed by learned Addl. Sessions Judge, Jammu whereby he was convicted under Section 471 RPC. This Court while issuing notice in the
aforesaid appeal, vide order dated 07.09.2016 had suspended the sentence awarded to the applicant-appellant herein and also admitted him to bail
subject to the following conditions:-
(1) That he shall remain present before this Court on each and every date of hearing.
(2) That he shall not leave the territorial jurisdiction of this Court without prior permission of the Court.
Now the present application has been moved by the applicant-appellant to seek permission to travel abroad (United States of America) for his
medical check-up, as also to meet his children who are residing there.
It is contended that during the trial before the Court below, the applicantappellant herein was permitted to proceed abroad for his medical checkup.
It is further contended that the applicant is a law abiding citizen and shall abide all the terms and conditions to be put by this Court to permit him to go
abroad.
On going through the contents of this application and after perusing the Annexures enclosed with it, it transpires that the appellant-applicant was
earlier also granted permissions from the trial Court to visit USA to meet his children as also to have medical check-up and he had never flouted any
such permission granted to him by the trial Court during the period of more than 12 years. It is quite evident from the documents attached with this
application that all the times, appellant returned back before the expiry of stipulated period of time as granted by the Court below.
Despite notice having been issued in this application and several opportunities granted to file the response, respondent-State has chosen not to file
the same, which indicates that they have no serious objection if this application is allowed.
Perusal of the grounds urged in the application by the applicant-appellant with regard to medical check-up and to meet his children, seems to be
genuine, therefore, this application is allowed by permitting him to visit USA subject to fulfillment of following terms and conditions within a period of
one week before the Registry of this Court:-
i. That he shall disclose the complete address/particulars of the USA where he has to stay with his children;
ii. That he shall also furnish the complete particulars of the Hospital where he desires to have medical treatment in the abroad;
iii. That he shall furnish a copy of Passport along with a copy of Visa;
iv. That he shall furnish an undertaking to the effect that he shall appear before the Court positively by or before 30th of September, 2018;
v. That he shall also furnish a surety in the sum of  Rs. 3,00,000/- (Three lakhs only) of a person having sufficient means undertaking therein to
cause applicant-appellant’s appearance before the Court positively on 30th of September, 2018;
vi. That additionally he shall also deposit a sum of  Rs. 1,00,000/- (One Lakh only) before the Registry of this Court; and
With the aforesaid observations, instant application stands disposed of.
List the main appeal on 30th of September, 2018.