Crl.Misc.No.M-12585 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-12586 of 2011 Date of Decision: 19.05.2011 Chander Mohan Sharma ...Petitioner Vs. Union Territory, Chandigarh & Anr. ...Respondents And Crl.Misc. No.M-12585 of 2011 Mrs. Vinod Sharma ...Petitioner Vs. Union Territory, Chandigarh & Anr. ...Respondents BEFORE: HON'BLE Ms.JUSTICE NIRMALJIT KAUR Present: Mr.Sandeep Suri, Advocate, for the petitioners. Mr.Sukant Gupta, Advocate, for respondent No.1. Mr.KunalMulwani, Advocate, for respondent No.2. --- Nirmaljit Kaur, J. (Oral) By this common order both the Crl. Miscs. i.e. Crl.Misc.No.M- Crl.Misc.No.M-12585 of 2011 2 12586 of 2011, titled Chander Mohan Sharma Vs. Union Territory, Chandigarh & Anr., and Crl.Misc. No.M-12585 of 2011, titled Vinod Sharma Vs. Union Territory, Chandigarh & Anr., stand disposed of as prayer made in both the petitions is identical and the FIR is also the same. Crl.Misc. No.M-12586 of 2011, has been filed by Chander Mohan Sharma, whereas Crl.Misc.No.M-12585 of 2011 has been filed by Mrs. Vinod Sharma, wife of Chander Mohan Sharma seeking permission to go to U.S.A. Daughter of the petitioners, Mrs. Vani Sharma was married in the year 2008 and is settled in United States of America. She is in family way and first child is due on 15.06.2011. There is no one to look after her at this time in abroad. The same is her first pregnancy. Learned counsel for the State, on instructions from SI Zile Singh, states that they have no knowledge of this fact. However, this Court has no reason to disbelieve the same. The petitioners are stated to be tax payers since the year 1972. The petitioners are stated to be having both moveable and immovable property in the City. Mrs. Vinod Sharma is owner of one third share in House No.1162, Sector 8-C, Chandigarh, whereas Chander Mohan Sharma is owner of one third share in Showroom SCO No.23, Sector 7-C, Madhya Marg, Chandigarh, and have shares in other properties as well. FIR No.120 dated 8.06.2010 under Sections 365, 448, 452, 380,506, 420 read with section 34 IPC was registered at Police Station Sector 3, Chandigarh, on the statement of one Bhupinder Singh. The only Crl.Misc.No.M-12585 of 2011 3 allegation against petitioner Chander Mohan Sharma is that he purchased House No.1162 Sector 8-C, Chandigarh from one S.Jeewandeep Singh Ghai son of Shri Kuldeep Singh. Said Jeewandeep Singh Ghai had already entered into an agreement to sell with the said complainant Bhupinder Singh. It is not disputed that petitioner Chander Mohan Sharma has since been granted bail by this court vide order dated 5.07.2010 passed in Crl.Misc. No.17471-M of 2010, subject to the provisions of section 438 (2) of the Code of Criminal Procedure. The investigation is complete and challan has already been filed in this case. This case is now fixed for framing of charge on 8.6.2011. Learned counsel for the respondent/complainant before this court on 12.05.2011 stated that he has no objection as the matter was now between the State and the petitioners and he had nothing to say in the matter. Admittedly, the petitioner is not in possession of the said house and he has already parted with Rs.3 crores for the purchase of the said house. Taking into account that the petitioner Chander Mohan Sharma has not misused the concession of bail granted to him as well as the fact that the petitioner is a permanent resident of the country and has both immovable and movable properties within the jurisdiction of Union Territory Chandigarh, the petitioners are allowed to go to United States of America from 24.05.2011 to 12.08.2011 subject to the following conditions: i) The petitioner in Crl.Misc. No.M-12586 of 2011 i.e. Crl.Misc.No.M-12585 of 2011 4 Mr.Chander Mohan Sharma shall deposit Rs.5,00,000/- in the shape of bank guarantee/bankers cheque before the trial court, where the case is fixed for hearing and shall also give undertaking that after return from abroad he shall appear on each and every date of hearing before the trial court; iii) On return, Mr.Chander Mohan Sharma shall put in appearance before the learned trial court immediately and file his affidavit to the same effect. iv) The petitioners shall put in appearance before the trial court and seek his exemption from personal appearance for 8.06.2011 the day for which the case is fixed for framing of charge. Taking into account that petitioner Mrs. Vinod Sharma, wife of Chander Mohan Sharma, has not been named in the FIR nor challan has been filed against her, the above conditions will not apply to her. However, she will give an undertaking before the trial court that she will appear before the trial court if so required at any subsequent stage of the trial. The trial court shall continue to proceed with the case in accordance with law. Allowed in the above terms. Copy of the order be given dasti to the counsel for the State under the signatures of Bench Secretary. (Nirmaljit Kaur) 19.05.2011 Judge Crl.Misc.No.M-12585 of 2011 5 rp