BENGALURU: The special court to try criminal cases against elected representatives has granted permission to former minister R Roshan Baig, who is an accused in the IMA investment scam, to visit Dubai to participate in a poets’ meet.
Judge Santhosh Gajanan Bhat passed the order while allowing an application filed by Baig, who is accused No 29 in the chargesheet submitted by the Central Bureau of Investigation (CBI), seeking the return of his passport to go to Dubai for 10 days from January 24.
Stating that he was invited to attend the meet as the chief guest, Baig stated that he had not misused the court permission granted to him to travel abroad on an earlier occasion.
The special public prosecutor opposed the application contending that no proper reasons have been given by the accused for claiming exemption of a bail condition. The accused, who is highly influential, may evade the process of law. His presence is very much essential since charges have to be framed. He may avoid trial if he is permitted to travel abroad, the public prosecutor argued.
The special court, however, stated that it is the settled principle of law that the accused cannot be denied permission to go abroad only for the reason of the pendency of the criminal case. No doubt, the accused was nabbed with great difficulty in the initial stage. The same will not be a hurdle for seeking relaxation of bail conditions. Only in extraordinary circumstances, the right to travel abroad can be curtailed, the court added.
On the public prosecutor’s apprehension, the court said the case has been pending before it for some time and the trial is yet to commence. The apprehension could be taken care of by imposing stringent conditions.
The court directed the return of Baig’s passport and permitted him to travel abroad as requested. At the same time, the court directed him to furnish an affidavit to produce documents related to his visit to Dubai within 15 days after his return. It also directed him to furnish details related to his stay in Dubai and return the passport on his arrival.