Court grants permission and accept the appeal for leaving the Country even if the trial goes on: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.11719 Arising Out of PS. Case No. 231 Year 2018 Thana GARDANIBAG District Patna 1. Wu Chuangyong male aged about 39 years Son of Wu @ Wuxianguri resident of Zulinwan Xinghua Road Chengguan P.S. Dawu District Hubei China at present residing at Shalimar Chamber opposite Maulana Abdul Engineering College Alinagar Anisabad P.S. Gardnibagh District Tiandong Wu @ Wu male aged about 34 years Son of Wu Guangyao resident of Zulinwan Xinghua Road Chengguan P.S. Dawu District Hubei China at present residing at Shalimar Chamber opposite Maulana Abdul Engineering College Alinagar Anisabad P.S. Gardnibagh District ... Petitioner s The Union of India through the Secretary Ministry of External Affairs New The Foreigners Regional Registration Office East Block VII Level 2 Sector 1 R.K. Puram New Delhi 66 The State of Bihar through the Principal Secretary Home (Police Department Govt. of Bihar Patna The Director General of Police Bihar Patna The Senior Superintendent of Police Patna Bihar ... Respondent s For the Petitioner s Mr. Rajesh Ranjan Adv For the Respondent s Mr. Kumar Priya Ranjan CGC CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR Date : 23 08 2021 Patna High Court CR. WJC No.11719 dt.23 08 2021 Heard Mr. Rajesh Ranjan the learned Advocate for the petitioners and Mr. Kumar Priya Ranjan the learned counsel for the Central Government 2. On 20.07.2021 the application with respect to petitioner No. 2 was dismissed as withdrawn as he was granted the permission by the concerned authority to travel back to his home country i.e. China 3. This writ petition has been pressed only with respect to petitioner No. 1 4. The prayer in this writ petition is for a direction to the authorities concerned to renew the VISA of petitioner No. 1 who has been made accused in connection with Gardanibagh P.S. Case No. 2318 5. For renewal of VISA the petitioner No. 1 would be required to visit his home country. It has therefore been prayed for on behalf of petitioner No. 1 that he be allowed to exit India for his home country i.e. China so that he could get his VISA renewed 6. It has also been pointed out that two persons were made accused in this case. With respect to one an Patna High Court CR. WJC No.11719 dt.23 08 2021 order was passed by a Bench of this Court while granting bail to him that he shall not leave the country before the conclusion of the case. Later on a necessity so arose for renewal of his VISA so as to effect his exit to his homeland An application was filed for modification of such bail order which prohibited the petitioner to leave the country before the conclusion of the trial 7. Such application was allowed and the order 8. Taking this as a positive direction the aforesaid accused person of this case was allowed to go back to his country 9. However no such condition was imposed on petitioner No. 1 when his application for bail was disposed off. It is in this background that it requires to be understood that no positive order was passed by the concerned authority with respect to the petitioner either allowing or disallowing him to visit his homeland for the purposes of renewal of his 10. It has further been submitted by Mr. Rajesh Patna High Court CR. WJC No.11719 dt.23 08 2021 Ranjan that an on line application has been made to the concerned authority for granting permission to him to exit this country for the purposes of renewal of his VISA. He submits that the petitioner No. 1 is ready for executing any bond or agreement which the concerned authority would deem appropriate to ensure his return to this country to face trial in case it goes to trial 11. Mr. Kumar Priya Ranjan the learned counsel for the Central Government has submitted that there would be no difficulty for the concerned authority to dispose off such on line application representation of the petitioner No. 1. It may but be possible that such on line application representation of the petitioner No. 1 may have 12. Under such circumstances this Court directs that in the event of a fresh on line application representation being made by the petitioner No 1 before the concerned authority within a period of three weeks from today the same shall be disposed off by the authority concerned within a further period of four weeks Patna High Court CR. WJC No.11719 dt.23 08 2021 13. Needless to state that the order shall be a reasoned one and all the background facts shall be taken into account before passing such an order and the decision shall be communicated to the petitioner No. 1 forthwith 14. With the aforesaid observation direction the writ petition stands disposed off. Ashutosh Kumar J Praveen II 

Summary: Petitioner filed a writ petition pleading for the renewal of VISA and allowing him to go back to his home country. The court put orders that till the case goes on the petitioner shall not leave the Country. In the light of all facts and circumstances, the court now allowed the application with the concerned authority and he is allowed to go back even if the trial goes on. The Hon’ble High Court of Patna before Mr. Justice Ashutosh Kumar in the Wu Chuangyong and Ors v. The State of Bihar and Ors[Criminal Writ Jurisdiction Case No.1178 of 2019].  The facts of the case were that petitioner No. 2 was dismissed as he was granted permission by the authorities to travel back to his home country. The Petition was only concerned with Petitioner No. 1. The authorities were requested to renew the VISA of the petitioner and it has been pleaded by him to allow him to exit India and go back to his home country by renewing VISA. An application was filed for modification of such bail order which prohibited the petitioner to leave the country before the conclusion of the trial. The application was allowed and the order was hence modified. no such condition was imposed on petitioner No. 1 when his bail application was disposed of. It is in this background that it requires to be understood that no positive order was passed by the concerned authority with respect to the petitioner either allowing or disallowing him to visit his homeland for renewal of his VISA. It was submitted that Petitioner No. 1 was ready to execute the bond with the concerned authority and shall be deemed to be appropriate to ensure his return to his country to face the trial in case it went on. The Hon’ble High Court Of Patna directed,” Under such circumstances, this Court directs that in the event of a fresh on-line application/representation being made by the petitioner No. 1 before the concerned authority within a period of three weeks from today, the same shall be disposed of by the authority concerned within a further period of four weeks…”The Petition was hence disposed of on the mentioned terms.