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Supreme Court of India 2020-10-01 allowed

Parvez Noordin Lokhandwalla vs State of Maharashtra & Anr

Bench: 2 — Dr Dhananjaya Y Chandrachud, Indira Banerjee

In Brief

The appellant, a US Green Card holder, sought permission to travel to the United States for eight weeks while on bail in a forgery case registered in India. The High Court denied his request, citing the pending FIR. The Supreme Court allowed the appeal, holding that mere lodging of an FIR should not prevent an accused from travelling abroad, especially where serious consequences like Green Card invalidation would follow. The Court balanced the accused's liberty rights against the state's interest in criminal justice, permitting travel subject to the accused furnishing an undertaking to return after eight weeks and remain available for court hearings.

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Criminal Procedure Bail Anticipatory Bail Right to Travel Fundamental Rights Conditions on Bail Green Card Immigration Law Forgery Fraud

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