Mohammad Khalil Chisti
v.
State Of Rajasthan & Others
(Supreme Court Of India)
Criminal Misc. Petition No. 10384 Of 2012 In Criminal Appeal No. 634 Of 2012 | 10-05-2012
2. The applicant/appellant has filed the above application seeking permission to travel to Pakistan during the pendency of the above appeal. In support of the above application, he highlighted about his present age, namely, 80 years, 20 years of his stay at Ajmer and his academic qualifications, namely Ph.D. from University of Edinburgh, Scotland in 1968 in Public Health Virology, noted academician/scholar of international repute. After narrating all these details, the applicant has also assured this Court that he is ready and willing to abide by the conditions which this Court may deem fit and proper for allowing him to visit his country.
3. Taking note of all these aspects particularly his age and academic qualification and this Court has already granted bail and his present stay at Ajmer, we intend to consider his application.
4. Inasmuch as we have posted the appeal for final disposal on 20th November, 2012, we permit him to visit his country, namely, Pakistan and return back to India positively by 1st November, 2012. As soon as he reaches his native country he has to surrender his passport with the Indian High Commission, Islamabad.
5. Apart from the above condition, the applicant/appellant or his nominee has to deposit an amount of Rs. 5 lakhs (Rupees Five Lakh) as security with the Registry of this Court within a period of two weeks from today. On fulfilling the above condition, the applicant/appellant is permitted to leave India and visit his home country.
6. In view of our present order permitting the applicant to visit his country we direct the trial judge to return passport and other documents, if any, to the appellant. For this applicant is permitted to file a formal application enclosing copy of this order. The trial judge is permitted to take a zerox copy of the passport and keep the same for his file.
7. It is made clear that we have grantedpermission taking note of special and peculiarcircumstances and it cannot be cited as a precedent.
8. The Crl.MP. is disposed of accordingly.
Advocates List
For the Appellant ----- For the Respondents -----
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE P. SATHASIVAM
HON'BLE MR. JUSTICE J. CHELAMESWAR
Eq Citation
(2013) 2 SCC CRI 652
(2013) 2 SCC 562
LQ/SC/2012/475
HeadNote
Constitution of India — Art. 136 — Writ of Habeas Corpus — Appellant aged 80 years, PhD from University of Edinburgh, Scotland in 1968 in Public Health Virology, noted academician-scholar of international repute, granted bail and staying at Ajmer, permitted to visit his country namely Pakistan and return back to India positively by 1st November 2012 — As soon as he reaches his native country he has to surrender his passport with Indian High Commission Islamabad — Apart from above condition, applicant or his nominee has to deposit an amount of Rs 5 lakhs Rupees Five Lakh as security with Registry of Supreme Court within a period of two weeks from today — Trial judge directed to return passport and other documents if any to appellant — Appellant is permitted to file a formal application enclosing copy of this order — Trial judge permitted to take a zerox copy of passport and keep same for his file — It is made clear that permission granted taking note of special and peculiar circumstances and it cannot be cited as a precedent — Penal Code, 1860, S. 302