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Supreme Court of India 2020-10-01 allowed

Parvez Noordin Lokhandwalla vs State of Maharashtra & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Parvez Noordin Lokhandwalla, facing allegations of fabricating a Power of Attorney under IPC sections relating to fraud and forgery, sought permission to travel to the US for eight weeks to revalidate his Green Card while on bail. The High Court refused this request. The Supreme Court allowed the appeal, holding that the mere lodging of an FIR should not automatically bar travel abroad. The Court emphasized that bail conditions must proportionately balance the public interest in criminal justice with the accused's fundamental rights. Considering the appellant's history of regular travel between US and India, his status as an Indian citizen, and the serious consequences of denying the request, the Court permitted the travel subject to his undertaking to return and appear before the trial court as required.

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Criminal Procedure Bail Conditions Right to Travel Fundamental Rights Proportionality in Criminal Law Fraud Forgery

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