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2011 DIGILAW 114 (PNJ)

Krishan Gopal v. State of Punjab

2011-01-12

S.S.SARON

body2011
JUDGMENT Mr. S.S. Saron, J.:- Cr. Misc. No.59246 of 2010: Heard learned counsel for the parties. 2. The petitioner has filed Criminal Misc. No.M-18869 of 2010 seeking grant of pre-arrest bail in case FIR No.56 dated 24.6.2010 registered at Police Station Hariana, District Hoshiarpur for the offence under Section 498-A Indian Penal Code (‘IPC’ – for short). 3. The FIR in the case has been registered on the complaint of Maninder Kaur wife of the petitioner Krishan Gopal. It has been alleged by the complainant-Maninder Kaur that her marriage was solemnized with the petitioner on 3.7.2009 at Gurudwara Mitha Tiwana, Model Town, Hoshiarpur as per Sikh rites. It is alleged that the petitioner ill-treated the complainant-Maninder Kaur. During the course of hearing and during reconciliation proceedings the primary grievance of the complainant is that the petitioner is having relations with one Jaswinder Kaur and is not keeping her properly. The petitioner was granted interim bail by this Court vide order dated 6.7.2010 which has been continuing since then. In between conciliation proceedings were also initiated. 4. The present Criminal Misc. No.59246 of 2010 has been filed for grant of permission to visit USA for a period of at least four months for the purposes of getting the travel documents/green card of the petitioner renewed and also to submit his income tax return in USA. It is submitted that the petitioner and his parents are settled in USA and travel documents/green card issued to the petitioner by the United State of America on 19.2.2009 is to expire on 19.2.2011. In order to get the same renewed, the petitioner is to go abroad. Besides, he is also to file his income tax return. It is undertaken by the petitioner that if he is permitted to go USA, he would return to India within the stipulated time after doing the needful. 5. Learned counsel appearing for the State and the complainant apprehend that once the petitioner goes abroad he is not likely to return. However, they are not averse to the position that in case adequate security is furnished by the petitioner, he may be permitted to go abroad. 6. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner has share in agricultural land in Village Bahadarpur, Tehsil and District Hoshiarpur; besides, in Village Salwara, Tehsil and District Hoshiarpur. 6. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner has share in agricultural land in Village Bahadarpur, Tehsil and District Hoshiarpur; besides, in Village Salwara, Tehsil and District Hoshiarpur. Learned counsel for the complainant has furnished Jamabandi in which the petitioner is owner to the extent of 1470/8820 share in land measuring 49 Kanals comprised in Khasra No.257/236 as per Jamabandi for the year 2008-09 of Village Salawara. Besides, he is also owner along with Balraj Krishan to the extent of 1/3 share in land measuring 71 Kanals 5 Marlas comprised in Khasra No.1794/173 Min. in Village Bahadarpur. 7. Learned counsel appearing for the petitioner along with the petitioner submits that that the petitioner would have no objection if the said land is kept as security and in the event of the failure of the petitioner to return after a period of four months, the same be transferred in the name of the complainant as maintenance. 8. In the facts and circumstances, learned counsel for the State accepts that this would be the appropriate course. 9. In the circumstances, the petitioner shall file necessary security before the Illaqa Magistrate, Hoshiarpur regarding transfer of his share of the land as maintenance in Village Bahadarpur and Village Salwara, Tehsil and District Hoshiarpur in favour of the complainant-Maninder Kaur in the event of his failure to return to India within a period of four months and the petitioner on doing so shall be permitted to go abroad and his passport which is with the Registrar of this Court shall be released in favour of the petitioner on his proper identification and receipt. Besides, the petitioner shall file an undertaking before the Illaqa Magistrate that he shall return to India within a week after the expiry of a period of four months. The period of four months shall be counted from the date of his departure from India which date he shall intimate to learned Illaqa Magistrate. 10. The petitioner shall also execute a personal bond and surety in the sum of Rs.5 Lacs to the satisfaction of the Illaqa Magistrate undertaking to appear soon after the expiry of four months. 11. The petitioner shall also furnish one surety in the sum of Rs.5 Lacs to the satisfaction of the learned Illaqa Magistrate for his return from abroad. 12. 11. The petitioner shall also furnish one surety in the sum of Rs.5 Lacs to the satisfaction of the learned Illaqa Magistrate for his return from abroad. 12. On the return of the petitioner, the conditions as imposed for going abroad shall become inoperative. 13. The application for pre-arrest bail shall stand adjourned for four months. 14. The Criminal Misc. No.59246 of 2010 stands disposed of. Cr. Misc. No.M-18869 of 2010: List for hearing on 31.5.2011. ---------0.B.S.0------------