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Dr. Rajesh Sharma   16 December 2024

Modification in aba condition

Hi,

There was a FIR  registered on order u/s 156(3). Neither the 156(3) application nor FIR had my name. 156(3) had named 2 people but FIR was registered on unknown person.

During investigation, F.I told my name and I was called many times by IO which I attended and suddenly one fine day he sent 41A notice on my WhatsApp. On suggestion of lawyer ,we applied for ABA and got in Feb 24. There are conditions ( not In exact wording) 

1) attend the PS every Monday 

2.) IF IO arrests will release of bond of 1 lac

3.) Attend IO when asked by him

4) Cant leave country without permission of trail court 

5) Dont threat F.I dont do any crime.

I attended Weekly Police station for 5 months and then got order modified where condition of weekly attendance was relaxed by session court in Aig 24.

Now I have got a job in export company where they may ask me to go out of India for work purpose .

Can I get the condition relaxed of going out of India for work from session court or take prior permission of trial court to allow me to go out as and when my company asks me to.

I do not have any itinerary as of now but company can ask me to go out of India any day .And if at that time I apply to trail court it will be difficult to get timely order .I mean is it possible to get an advanced order from court that as and when needed I can go out of India for work purpose by submitting my itinerary to IO or court and may be on some surety?

Chargesheet yet not file. FIR of Apr 23.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 December 2024

The condtition for granting AB is clear that you need to seek permission to visit abroad  or leave the country, hence there is no question of filing a relaxation petition to relax this condition

Dr. Rajesh Sharma   16 December 2024

So should we approach trail court to allow as to travel abroad as and when needed for work . We can give affidavit that we will submit proper itinerary to court and IO etc and can also offer to give surety.

As the chargesheet is not finalised ,will it be ok to go to trail court or session court from where bail was obtained with above condition. We have got one condition relaxed from session court about our every Monday visit to Police station which was part of AB condition.

If we need to approach trial court , on what merits we should ask exemption? I have my appointment letter of company and affidavit I can give.

P. Venu (Advocate)     16 December 2024

You can go abroad, if so required, after obtaining the Court's permission.

Dr. Rajesh Sharma   16 December 2024

Thanks but chargesheet not filed yet and trial is not under way. Will it be ok to approach trial court saying we want to go abroad for work and same should be allowed. As of now I don't have any travel plan but company can ask me to go anytime. And if at that time I apply for approval from trial court ,I may not get timely permission.

Pl guide


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