- (1.) The Petitioners, W.U. Chuannan, Wang Wciqing and Liu Gaoxuan, in Crl.MP. Nos. 24269 and 24270 of 2011, are accused in connection with FIR No. 377 of 2009, relating to P.S. Balco, under Sections 304, 324, 326, 201 and 34 IPC. They are Chinese nationals, who have been working with SEPCO Electric Power Construction No. 1 Company, for setting up a power project. The FIR was filed in regard to an incident which had taken place in connection with the said construction and, accordingly, they were arrested in connection with the said case.
(2.) Earlier, the Petitioners had filed an application for leave to go to China for a period of four months and on the said application on 15th April, 2011, by Petitioner No. 1 and Petitioner Nos.2 and 3 on 12/11/2010, on the basis of an undertaking given on 21st February, 2010, and renewed on 7th March, 2011, this Court allowed the application and directed as follows: We have heard learned senior counsel appearing on behalf of the Appellant No. 1/Applicant as well as learned standing Counsel for the State of Chhatisgarh. Having regard to the facts and circumstances of the case, the Appellant No. 1/applicant is permitted to leave the country for a period of four months subject to his furnishing bank guarantee for a sum of ' One crore to the satisfaction of the Trial Court. On furnishing such bank guarantee, the passport of the Appellant No. 1/applicant shall be released to him. The Appellant No. 1/applicant after returning to India from China shall report to the Trial Court and surrender the passport. The Consulate General of the People's Republic of China, Kolkata by the present undertaking dated 7th March, 2011 once again reiterated their assurance earlier given to this Court on 21st February, 2010 to ensure his presence and return to this Country. The Undertaking dated 7th March, 2011 shall form part of the record. The application is accordingly, ordered.
(3.) A similar application has now been made on behalf of the Petitioners for permission to go to China on similar conditions. The Consulate General of the People's Republic of China, Kolkata, has once again reiterated its earlier undertaking by its certificate dated 16th November, 2011. In addition, the Power Company has also guaranteed the presence of the Petitioners during the trial. It has particularly been stated in the undertaking and assured to this Court and the State of Chhattisgarh, that the Petitioners would return to India in accordance with the order of this Court and be present during the duration of the trial.;