Ashish Sharma vs. State of Himachal Pradesh Cr.MP No.1196 of 2025 in Cr.MP(M) No.448 of 2024 04.04.2025 Present Mr. Ajay Vaidya, Advocate, for the applicant/petitioner. Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondent-State. Cr.MP No.1196 of 2025 By way of instant application filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, permission has been sought by the petitioner-applicant to go abroad during the pendency of investigation in a criminal case registered against him. Afore prayer made on behalf of the applicant- petitioner has been seriously refuted by the non-applicant/ respondent by filing status report under the signatures of Additional Superintendent of Police, Shimla, wherein it has been stated that despite repeated reminders by the Police, applicant-petitioner failed to join the investigation and he made himself available only pursuant to direction issued by this court. Learned Advocate General, while making this court peruse averments made in the application, vehemently argued that no specific details with regard to the dates when petitioner- applicant intends to visit Zurich (Switzerland) with his family to attend family function have been given. He further states that there is no mention in the application with regard to the proposed place of stay during his visit to aforesaid place. Having heard learned counsel representing the parties and perused material available on record, this Court finds that applicant/petitioner is an accused in FIR No.40 of 2024, dated 10.03.2024, registered at police Station, Boileauganj, District Shimla, Himachal Pradesh under Sections 120-B,171-A, 171-C of IPC read with Sections 7 and 8 of the Prevention of Corruption Act. This Court vide order dated 2.08.2024 passed in Cr.MP(M) No.448 of 2024 enlarged the applicant-petitioner on bail, subject to the condition that he shall not leave the territory of India without the prior permission of the Court. Since on account of family function, applicant/ petitioner intends to visit Zurich (Switzerland), he has approached this Court in the instant proceedings. Since no cogent and convincing material has been adduced on record suggestive of the fact that pursuant to the directions issued by this Court vide order dated 2.8.2024, applicant/petitioner has not joined the investigation, this Court is not persuaded to agree with Mr. Rajan Kahol, learned Additional Advocate General that applicant/petitioner is not co- operating. Since, it is quite apparent from the pleadings adduced on record as well as documents annexed therewith that applicant/petitioner, who is otherwise elected member of legislative assembly, Himachal Pradesh intends to visit Zurich (Switzerland) on account of family function and complete details with regard to place of stay has been mentioned in the application there appears to be no justification for this Court to reject the prayer made in the instant application. In view of above, prayer made on behalf of the petitioner-applicant is allowed, subject to condition that he will come back to India latest by 16.04.2025 and thereafter, shall join investigation, enabling Investigating Agency to conclude the investigation. Application is disposed of. (Sandeep Sharma) Judge April 04,2025 (shankar)