Criminal Procedure Code, 1973
Section 482—Permission to travel to Saudi Arabia for Hajj/Umrah pilgrimage—Appellant convicted under Section 304 (II) & 308 of 34 of IPC and appeal against conviction has been pending since 2010—Court had admitted the appeal and suspended the sentence of appellant—Case of applicant is covered by clause (f) of Section 6(2) of the Passports Act, as the appeal of the applicant against the conviction recorded by Trial Court is pending before the High Court—Court has powers to grant exemption to persons who are subject of pending criminal appeal—Appellant is about 80 years of age, who expresses his desire to undertake Hajj a pilgrimage, which is a sacred obligation for every Muslim to fulfill at least once in lifetime—Given the significance of Hajj in Muslim religion and the profound impact it can have on the appellant, in case, he is denied this permission—Court deems it a duty to facilitate and enable him to fulfill this sacred obligation—Court does not want to impede or obstruct appellant’s aspirations of fulfilling his religious duty and spiritual journey solely because the appeal filed by him is pending before present court for years—Court is duty bound to balance its order to render justice, not only through the lens of law, but also through the prism of compassion, empathy and practical understanding—Permission granted subject to conditions.
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