Crl. Misc. No. M-20050 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-20050 of 2011 (O&M) Decided on : 17-08-2011 Gurmail Singh ....Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.S.Bains, Advocate for the petitioner Mr.B.B.S.Teji, Sr. DAG, Punjab MAHESH GROVER, J No reply to the petition has been filed. The solitary prayer made in the instant petition is that the permission be granted to the petitioner for going to USA for taking care of his property & sick wife and that exemption from personal appearance be also granted to him. As an interim measure, the petitioner prays that the permission to go abroad be granted instantaneously and Trial Court be directed to return his passport to enable him to undergo the journey. The petitioner is facing accusations under Sections 457, 380 IPC. The FIR has been got registered by the complainant. The case of the petitioner is that he alongwith Tarlochan Singh are owners of Azad Transport Company and some portion of the premises which is owned and possessed by the petitioner and said Tarlochan Singh was given to the complainant and his mother for running a tea stall before the garage. The arrangement was purely on compassionate grounds and the Crl. Misc. No. M-20050 of 2011 (O&M) 2 petitioner permitted the use of the garage for retaining the articles at night. When the petitioner asked the complainant to vacate the garage, which was required for his own use and occupation, the complainant instead of doing so, resorted to filing a civil suit on 14.2.2008. Interim injunction was granted. The civil suit was ultimately dismissed which resulted in the lodging of the instant FIR against the petitioner in which allegations of stealing two boxes, one Freezer of 220 ltr (LG), one colour TV, One Dish, two inverters, two Aluminum counter, two commercial gas cylinder, four small gas cylinders, 50 steel plates, 50 small steel plates, 5 cooking vessels of bronze, one lassi machine, 15 racks of Pepsi, 20 racks of coke, 20 chairs of steel, 5 tables of steel, 3 computers, 1 computer CPD, 4 hand sets of connect, two aluminum cabin, 2 ceiling fans, 2 standing fans, 2 coolers, 2 exhaust fans, 3 fire ovens have been made. Learned counsel for the petitioner contends that keeping in view the background of the controversy, the fact that false allegations against the petitioner have been made in the FIR cannot be discounted. In any eventuality, he contends that it is for a pressing engagement that the petitioner has to travel USA and that he has sufficient assets and security in the State of Punjab and thus there is no apprehension of his evading the process of law. He further contends that as a measure of security, he is prepared to furnish an equivalent or near equivalent value of the goods which he is alleged to have stolen. According to him, if the value of the goods is assessed, it could not exceed Rs.5 lakhs. On due consideration of the matter, I am of the considered opinion that the case of the petitioner and the prayer that has been made in the instant petition merits acceptance. The petitioner shall be granted Crl. Misc. No. M-20050 of 2011 (O&M) 3 personal exemption from the proceedings in the Trial Court subject to his furnishing undertaking to the following effect:- (i)undertakes to appear before the Trial Court as and when so directed; (ii)undertakes that he would have no objection if the evidence is recorded in his absence. (iii)Undertakes not to raise any dispute as to identity; (iv)undertakes to comply with such other conditions, as may be imposed by the trial Court.” He shall also furnish a bank guarantee to the tune of Rs. 6 lakhs before the learned Trial Court and in which eventuality his passport shall be returned to him in order to enable him to travel abroad. He shall also furnish an undertaking that he will return on the date to be specified by him and surrender before the Court to face the ongoing trial. On the date of surrender, he shall be required to be present before the Court but on subsequent hearings he would be granted personal exemption as directed above. Disposed of in the aforesaid terms. August 17, 2011 (Mahesh Grover) rekha Judge