IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.M-4257 of 2010 Date of Decision:15.3.2012 Sartaj Singh .... Petitioner Versus Surinder Kaur .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. D.S. Pheruman, Advocate for the petitioner. None for the respondent. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) This is a petition under Section 482 Cr.P.C. for quashing of the order dated 18.1.2010 passed by learned Judicial Magistrate Ist Class, Dasuya whereby the application moved by the petitioner for release of his passport was declined. The only ground for dismissing the application moved by the petitioner for release of his passport was that the condition has been imposed by the High Court while granting bail. Heard. There is no dispute that this Court while granting bail to the petitioner has imposed the condition that the petitioner shall surrender his passport before the trial Court. It is not disputed that the petitioner in compliance of the said order dated 20.3.2008 did surrender the said passport. Notice of motion was issued in this case as early as on Crl. M. No.M-4257 of 2010 -2- 17.2.2010. Learned counsel for the respondent had appeared for the first time only on 29.3.2010 and prayed for time to file reply. However, thereafter the matter was adjourned on various dates but no reply was filed. As such, on the last date of hearing i.e. 27.2.2012, last opportunity to file the reply was granted. Today, neither learned counsel for the respondent is present present nor any reply has been filed. There is nothing on record to suggest that the petitioner had misused the concession of bail or that he has not appeared before the trial Court as and when required. In fact, even the personal appearance of the petitioner was directed to be exempted before the trial Court by this Court vide order dated 22.7.2008 passed in Criminal Misc. No.18169-M of 2008. It is not disputed that the petitioner is serving with the Kingfisher Airlines as Supervisor at Banglore. Earlier, it was domestic Airlines, but from September 2008, the said Airline started its international services. Thus, the petitioner is required to travel now and then. There is no reason as to why the said passport cannot be released to the petitioner subject to certain conditions. In view of the above, the present petition is allowed and the trial Court is directed to release the passport of the petitioner with the following conditions: i. The petitioner shall furnish a bank guarantee of Rs.5 lac which shall be kept alive till the disposal of the pending trial. ii. The photo copy of the said passport shall be deposited before the trial Court. iii.The petitioner shall give an undertaking to continue to appear before the trial Court as and when required by it. Crl. M. No.M-4257 of 2010 -3- iv. The petitioner shall also give an undertaking that the bank guarantee shall stand forfeited in case he fails to appear before the trial Court without exemption on a particular date. v. The trial Court may impose any other conditions as deem appropriate. Allowed in the aforesaid terms. 15.3.2012 ( NIRMALJIT KAUR ) rajeev JUDGE