CRM No. M-8336 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-8336 of 2009 (O&M) Date of decision: 01.04.2009 Deepak Agarwalla ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. JS Bedi, Advocate, for the petitioner. Mr. Shailesh Gupta, DAG, Punjab. Rajan Gupta, J. The petitioner was allowed anticipatory bail by the Additional Sessions Judge, Ludhiana, vide order dated 26th July, 2008 in a case registered against him under Sections 404, 418, 468, 120-B IPC at Police Station City, Khanna. The petitioner thereafter moved an application for permission to go abroad for attending a wedding as well as participation in Triangular Squash Tournament. The said application was rejected by the Additional Sessions Judge, Ludhiana on 7th March, 2009. The petitioner has preferred the present petition before this Court with the same prayer. Learned counsel for the petitioner has submitted that the petitioner has been arraigned as an accused in the FIR due to the family dispute. According to the counsel, the petitioner has ten years valid CRM No. M-8336 of 2009 2 multiple entry visa for USA. According to him, the petitioner has sufficient property in Calcutta and his family members are businessmen in Calcutta. All of them are income tax assessee. Mr. Bedi further submits that the petitioner himself is an income tax assessee and is a well-established businessman. He, therefore, prays that the petitioner may be allowed to travel abroad as there is no apprehension, whatsoever, of his absconding from justice. Learned counsel for the State has submitted that in case application of the petitioner is to be allowed, it should be subject to heavy sureties in order to prevent any possibility of the petitioner escaping from the process of law. Learned counsel for the State has further submitted that 1½ months time prayed for by the petitioner for going abroad is on the higher side as this Squash Tournament is only from 17th to 19th April, 2009 in Singapore. Learned counsel for the petitioner in support of his prayer for being allowed to travel abroad, has placed reliance on the judgment of this Court in Kimti Lal Jain Vs. State, 2000 (3) R.C.R. (Criminal) 722 and the judgment of the apex court in S.P. Hinduja Vs. State through CBI, 2002 (3) R.C.R. (Criminal) 186. Keeping in view the totality of the facts and circumstances of the case, I am of the considered view that the petitioner deserves to be granted permission to travel abroad. It is to be noted that FIR in this case was registered in April, 2008, but the investigation is still pending. The petitioner is stated to be representing his club namely “Calcutta CRM No. M-8336 of 2009 3 Racket Club” in International Squash Tournament since 2003. Under the circumstances, I deem it fit to grant permission to the petitioner to travel abroad. However, in view of the submissions of State counsel that the period of six weeks sought for by the petitioner is on the higher side, I deem it appropriate to curtail the same to two weeks. Thus permission is granted to the petitioner to go abroad for two weeks, commencing April 13. This, however, will be subject to the petitioner's furnishing two sureties in the sum of Rs.5.00 lacs each before the Chief Judicial Magistrate, Ludhiana with an undertaking therein that if he does not return within two weeks, the amount shall stand forfeited. Petition is allowed in aforesaid terms. (RAJAN GUPTA) JUDGE April 01, 2009 'rajpal'