1 S.B.Cr. Misc. Petition No.1285/2007 (Subhash vs. State of Rajasthan) Date of order : August 23, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.N.A.Rajpurohit, for the petitioner. Mr.Ashok Upadhyaya, P.P. for the State. By the instant criminal misc. petition under section 482 Cr.P.C., the petitioner has challenged the order dt. 7.8.2007 passed by the Judicial Magistrate, Pindwara (for short `the trial court' hereinafter) whereby the application seeking extension of period for stay at abroad was dismissed. Notice for final disposal is accepted by the learned Public Prosecutor. With the consent of the learned counsel for the parties, the matter is finally heard and decided at the admission stage. It is contended by the learned counsel for the petitioner that the petitioner is serving in Hongkong and as per the condition of the employment, it is not possible for him to immediately return to the country. So far as pendency of the case against the petitioner is concerned, before the trial court, 2 counsel for the petitioner appeared and made a statement that the petitioner will not object his identification and the matter can go on through the counsel since the presence of the petitioner is not necessary when the identity is not disputed by the petitioner himself. Having regard to the facts and circumstances of the case, in my view, petitioner can be permitted to stay at abroad up to 31.12.2007. In this view of the matter, the order impugned is set aside and the petitioner is permitted to stay at abroad up to 31.12.2007 and in the opening of the Court in January, 2008, shall appear before the trial court on the date fixed by the trial court. To the extent above petition allowed. (H.R.PANWAR),J. m.asif/-