- (1.) AGGRIEVED by the order dated 19.02.2011 passed by the learned Additional District & Sessions Judge (Fast Track) No.1, Kota, whereby the learned Judge rejected the petitioner's application for granting him permission to go back to Korea to meet his family for a period of one month, the petitioner has approached this Court.
(2.) THE brief facts of the case are that due to an unfortunate accident, which had taken place on the bridge built over the Chambal River, on 24.12.2009, a FIR, FIR No.434/2009 was registered at Police Station Kunhadi District Kota for offences under Section 304 Part II and 308 IPC. At the relevant time, the petitioner was working as a Planning-cum-Technical Manager, Chambal Bridge Project. Vide order dated 05.04.2010, although the learned Sessions Judge, Kota had granted bail to the petitioner, along with other co-accused persons, the learned Judge had directed that the petitioner could not leave India without the prior permission of the Court. Moreover, the petitioner was arrested, his passport issued by the Republic of Korea bearing No.R-0001632 was seized. According to the petitioner, he had come to India in September, 2009. His old parents, his wife and his daughter aged about two and half years, are residing in Seoul in South Korea. According to his working contract, he is permitted to visit his country for a period of one month every year. However, due to the fact that his passport has been seized, due to the fact that he needs the prior permission of the Court to leave India, he had applied for permission before the learned Judge. However, vide order dated 19.02.2011, the permission was declined. Hence, this petition before this Court. Mr. A.K. Gupta, the learned counsel for the petitioner, has contended that Embassy of Republic of Korea has issued a certificate dated January 17, 2011 wherein the Embassy has given an undertaking that it will ensure that the petitioner does return back to India after the expiry of one month in order to face the trial which is pending before the Courts at Kota. Therefore, his request that the petitioner be permitted to leave India for a period of one month so that he may reunite with his family members. The learned Public Prosecutor has contended that certain conditions be imposed upon the petitioner. Heard the learned counsel for the parties and perused the impugned order as well as the undertaking given by the Embassy of Korea. The Embassy of Republic of Korea, New Delhi has issued a certificate and an undertaking whereby it has promised to ensure that the petitioner would come back from Korea after the expiry of one month to stand trial before the Courts at Kota. Since the solemn undertaking has been given by the Embassy, there is no reason to doubt the same. For, the Embassy would know the consequences of violation of the said undertaking.
(3.) THEREFORE, this Court directs that the petitioner be permitted to apply for his passport No.R-0001632 to be returned back to him, provided a certified copy of the passport is kept along with the charge-sheet. The petitioner is permitted to return back to Korea for a period of one month from the date of his departure from India. He shall not leave India prior to informing the Ambassador of Republic of Korea about the date of his leaving India . The Deputy Registrar (Judl.) is directed to send a copy of this order to the said Embassy for its information and necessary action. It shall be the duty of the Embassy of Korea to ensure that the petitioner does return back to India after the expiry of one month from the date of his leaving India to face the trial pending before the learned District & Sessions Judge (Fast Track) No.1, Kota. With these observations, this petition is, hereby, disposed off. ;