In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.23766 of 2010 and Criminal Misc. No.M-11229 of 2010 ..... Date of decision:10.5.2010 Nirpal Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Atul Lakhanpal, Senior Advocate with Mr. R.S. Chahal, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Cr. Misc. No.23766 of 2010: Copy of the order dated 23.12.2006 passed by the learned Additional Sessions Judge, Patiala attached with the criminal miscellaneous application is taken on record. The criminal miscellaneous stands disposed of. Cr. Misc. No.M-11229 of 2010: Heard learned counsel for the parties. The petitioner by way of the present petition under Section 482 Cr.P.C seeks permission to visit Canada for a period of one month on account of marriage of his relative and for release of his original passport so as to travel abroad. In terms of the order dated 23.12.2006 passed by the learned Additional Sessions Judge, Patiala the petitioner was granted regular bail in case FIR No.370 dated 28.12.2005 registered at Police Cr. Misc. No.M-11229 of 2010 [2] Station Civil Lines, Patiala for the offences under Sections 452, 454, 457, 380, 427, 354, 376, 511, 336, 148 and 149 Indian Penal Code and Section 27 of the Arms Act. One of the conditions for release on bail was that the petitioner shall not leave the country without prior permission of the trial Court and surrender his passport, if any, or file an affidavit to the effect that he does not have any passport and in case any affidavit is to be filed, the same would be filed within two working days after his release from custody. The petitioner in consequence of the said order has surrendered his passport. The petitioner filed a petition for going abroad which, however, was declined by the learned trial Court. He then filed Criminal Misc. No.M- 23323 of 2009 in this Court for grant of permission to go abroad and release his passport, which was allowed by this Court vide order dated 1.9.2009 (Annexure-P.2) and the petitioner had been granted permission to go abroad. However, he could not go abroad as by the time the passport was released, the conference for which he was to go abroad was over. Therefore, he surrendered his passport. The present petition has again been filed for grant of permission to go to Canada for a period of one month. The position in the trial of the case is that the Public Prosecutor had filed an application under Section 321 of the Code of Criminal Procedure for withdrawal from the prosecution. However, the said application was later on withdrawn. The petitioner has also filed Criminal Misc. No.M-11654 of 2007 for quashing of the FIR in which proceedings before the trial Court have been stayed by this Court. The position, therefore, is that proceedings before the trial Court are stayed. Therefore, no prejudice would be caused in case the petitioner is allowed to go abroad for a period of one month as prayed for. Cr. Misc. No.M-11229 of 2010 [3] Accordingly, the criminal miscellaneous petition is allowed and the petitioner is allowed to go to Canada for a period of one month and for the said period his passport shall be released to him. The grant of permission to go abroad shall, however, be subject to the following conditions:- (i) The petitioner shall furnish personal bond and surety in the sum of Rs.10 Lacs to the satisfaction of the trial Court for release of his passport for going abroad. (ii) The petitioner in terms of the bond shall bind himself that he shall return from abroad and appear before the trial Court for the purpose of trial after the expiry of one month from the date he goes abroad. (iii) After furnishing of two sureties and necessary bonds, the passport of the petitioner shall be released and he shall be permitted to go abroad for a period of one month. The period of one month shall be counted from the date the petitioner goes abroad, which he shall avail soon after the formalities are completed. (iv) The petitioner after his return and in case he does not go abroad within one month from today shall re-deposit his passport in the trial Court and the petitioner shall continue to be bound by the old bonds and conditions imposed while releasing him on bail and the conditions imposed for his going abroad shall become inoperative. (v) During the period of one month, the petitioner is abroad his personal appearance before the Court shall remain exempted and he shall be permitted to appear through his counsel. Copy of this order be given dasti on payment of fee prescribed for urgent applications. Cr. Misc. No.M-11229 of 2010 [4] May 10, 2010. (S.S. Saron) Judge *hsp*