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2010 DIGILAW 3400 (PNJ)

Sukhmani Brar v. U. T,Chandigarh

2010-12-22

JASWANT SINGH

body2010
Judgment Jaswant Singh, J. 1. Petitioner-accused has invoked the jurisdiction under Section 482 Cr.P.C of this Court praying for release of her Passport, which was taken into possession by the police in case FIR No. 175 dated 17.8.2010 under Sections 279/337/304-A IPC, P.S Sector 3, UT, Chandigarh; further praying for permission to go to USA during the pendency of her trial. 2. It is submitted that this necessity has occurred because the petitioner is facing trial in the afore mentioned case wherein she was ordered to be released on bail subject to deposit of her passport and not leaving the country without permission of the Court. 3. It is stated that the petitioner had also moved an application for release of her passport on the ground that the petitioner-accused is a Green Card holder in USA and in case she does not re-visit there, her Green Card facility would be cancelled resulting into her suffering great loss. Learned JMIC, Chandigarh vide order dated 29.11.2010 dismissed the said application observing that there are no compelling circumstances showing her presence required in USA and there is no necessity to release her passport. 4. Learned counsel submits that the petitioner is a Green Card Holder and a student in U.S.A. He further submits that the petitioner is in India since July 2010 and in case she does not re-visit USA within six months of her departure from USA, her residency status would be prejudiced. It is further submitted that her presence is also required for continuation of her studies course undertaken by her in USA. Learned counsel further submits that there is no possibility that the petitioner would flee from the prosecution in the trial and further assures that she would return back to India on or before 31.1.2011, much before the next date for recording of prosecution evidence i.e on 3.2.2011. 5. On the other hand, learned counsel for the respondent-UT has opposed the plea on the ground that same is not genuine and if the petitioner is granted permission to visit abroad, there are every chances of her not returning to India and facing trial. 6. After hearing learned counsel for the parties, this Court is of the opinion that the prayer/petition deserves to be accepted keeping in view the residential and educational interests of a 19 years old girl. 6. After hearing learned counsel for the parties, this Court is of the opinion that the prayer/petition deserves to be accepted keeping in view the residential and educational interests of a 19 years old girl. It is not disputed that the petitioner is a resident of USA for the last 6 years and a Green Card Holder besides being a student. It has also not been disputed that the rules and regulation require the petitioner to re-visit USA within six months of her departure. The only apprehension of the prosecution that in case the permission sought is granted, the petitioner would not return to India, can be adequately removed by imposing strict conditions upon her. 7. In view of the above, instant petition is allowed and it is directed that the passport of the petitioner be returned to enable her to visit USA on the following conditions : (i) That the petitioner will return to India on or before 31.1.2011 and in any case be present before the trial Court on 3.2.2011, the next date fixed for prosecution evidence. (ii) That the petitioner will deposit a sum of Rs. 20 lacs in the shape of fixed deposit with the trial Court with the undertaking that in case of breach of any condition on her part, the aforesaid amount shall be forfeited without any further order and shall be paid to the parents of the deceased persons in equal shares (rupees ten lacs each). (iii) That the petitioner shall furnish personal bond with two sureties of equivalent amount subject to the satisfaction of the learned trial Court. (iv) That the petitioner will deposit the original papers of her property in Chandigarh with the trial Court with the undertaking that there shall be a lien of Government over all her property and in case she fails to return to India within the stipulated period, the Government shall be at liberty to take over the charge of her property. (v) That in case, there is no property in her name, then the condition No. (iv) shall be completely fulfilled by her father/guardian. Dasti on payment of usual charges.