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TMI Blog2018 (9) TMI 2062X X X X Extracts X X X X X X X X Extracts X X X X ..... sued to the trial Court/Duty Magistrate to permit the petitioner to go abroad, for which, the petitioner shall execute a personal bond in a sum of ₹ 5 lakh with an undertaking that she would report back on or before 15.02.2019. The trial Court/Duty Magistrate may further impose any other condition which it may deem fit and proper in the peculiar facts and circumstances of the case - Petition allowed. - CRM-M-41608 of 2018 - - - Dated:- 28-9-2018 - Mr. Justice Hari Pal Verma, J. For the Petitioner : Mr. J.S. Bedi, Senior Advocate with Mr. Sonpreet Singh Brar, Advocate. For the Respondent : Mr. Tanvir Joshi, Assistant Advocate General, Punjab. ORDER HARI PAL VERMA, J. (ORAL) Petitioner Paramjit Kaur has fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... she had gone to Canada, but in any case, she returned to India on 19.06.2018. The photocopy of the extract of passport is taken on record. Learned senior counsel for the petitioner has also submitted that the proceedings in the trial of present case as well as in civil litigation have already been stayed by this Court. Therefore, no prejudice is going to be caused to the complainant in any manner in the event of permission to go abroad for the aforesaid period is granted to the petitioner. On the other hand, learned State counsel, on instructions from ASI Gurlal Singh, states that no doubt there are various litigations pending between the parties, but as the trial in the case is at an advanced stage and is fixed for recording statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant-therein, as an interim measure, to go abroad by laying down certain conditions including execution of a bond with a bank guarantee and it was ordered that the appellant-therein shall remain present before the Special Judge as and when their presence is needed. A rider was also imposed that in case there is any violation of the conditions, it would be open to the Court to pass an appropriate order for cancellation of bail of the appellant and this interim measure was specified upto a particular date. Similarly, in Arun Kapoor Versus State of Haryana 2004(4) RCR (Criminal) 594, this Court has considered the prayer for release of passport, as the petitioner-therein had to go abroad in connection with the business of the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the trial. It was noticed, that the appellants therein were Indian Nationals at the time of registration of the FIR and thereafter they had acquired British and Swiss Nationalities. The Hon ble Supreme Court, after considering the facts and circumstances of the case as an interim measure allowed the accused therein to go abroad subject to their furnishing adequate sureties. 12. This Court in Brij Bhushan Singal v. Central Bureau of Investigation, 1994(3) RCR (Crl.) 498 (P H) which is a case where the Special Judge granted bail to accused therein but impounded his passport to prevent him from going abroad, held that it was competent to review the order under Section 482 Criminal Procedure Code and order released of the passport. Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he condition that he shall furnish security to the tune of ₹ 4 lacs with one surety in the like amount to the satisfaction of the Court concerned. On the undertaking, as mentioned above, and on furnishing the security, as is ordered to the satisfaction of the Court concerned the petitioner shall be allowed to go abroad. He is directed to return to India on 7.11.2009. In view of the observations made hereinabove and in order to avoid any apprehension, as put forward by learned State counsel, a direction is issued to the trial Court/Duty Magistrate to permit the petitioner to go abroad, for which, the petitioner shall execute a personal bond in a sum of ₹ 5 lakh with an undertaking that she would report back on or before 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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