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2016 DIGILAW 697 (PNJ)

Gurdev Singh v. State of Punjab

2016-02-18

ANITA CHAUDHRY

body2016
JUDGMENT Crl. Misc. No. 42420 of 2015 1. Application is allowed, as prayed for and accompanying annexures are taken on record. Crl. Misc. No.M-42421 of 2015 2. The petitioner is seeking release of his passport and permission to travel to Italy to meet his sons and grandsons residing there. 3. No details regarding proposed visit have been provided by the applicant. However, during course of arguments, learned counsel for the applicant has submitted that the applicant would be going to Italy in the month of April, 2016 to meet his family members and return in three months. By filing an affidavit, the petitioner has provided details of his passport which is attached with the records of the case lying with the trial Court. A perusal of order dated 07.12.2015 passed by the CJM, Hoshiarpur, it is evident that the passport was surrendered by the applicant during trial and it is part of the judicial record and his prayer was rejected because this Court is seized of the matter. 4. Learned counsel has submitted that the petitioner is ready to abide by all the conditions as may be imposed and his passport be returned and permission be granted to him to travel abroad. He submits that the revision was admitted and presence of petitioner is not required. He has referred to Bikramjit Singh @ Bikram Vs. State of Punjab, 2014(4) AICLR 478. 5. The application was opposed by the State on the ground that if he was allowed to go abroad, he would not return. 6. The petitioner has challenged his conviction and sentence recorded under Section 406 IPC. Vide order dated 13.12.2011 his sentence was suspended and on 21.03.2012 the revision petition was admitted for regular hearing. It will take time for decision. The custody certificate shows that no other case is pending against the petitioner. The petitioner is the father-in-law of the complainant. I am of the view that the petitioner should be allowed to go abroad. The petitioner is ready to comply with any condition that would be imposed upon him. He has undertaken that he would return within three months. The fear expressed by the State is that the petitioner would not return to India and delay the proceedings, that part can be taken care of by imposing strict conditions. 7. The application is allowed. The petitioner is ready to comply with any condition that would be imposed upon him. He has undertaken that he would return within three months. The fear expressed by the State is that the petitioner would not return to India and delay the proceedings, that part can be taken care of by imposing strict conditions. 7. The application is allowed. The petitioner is permitted to go to Italy for three months from April, 2016 onwards on furnishing bonds and security in the sum of Rs. Three lacs to the satisfaction of the Chief Judicial Magistrate, Hoshiarpur. Copy of passport shall be retained on the file. The petitioner shall place on record the copies of tickets etc. before the Court below. The Court shall direct the petitioner to return and surrender his passport within a week after his arrival. The petitioner would not approach the Court for any extension. He would undertake to return within the time allowed. An intimation about release of passport and its surrender be given to this Court. The petitioner shall also place on record the relevant orders in this regard.