CRM No. M 2754 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 2754 of 2011 Date of decision: 08.02.2011 Mohinder Singh ........ Petitioner Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. HNS Gill, Advocate for the petitioner Ms Gurveen H Singh, Addl. A G Punjab for the respondent State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement 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 30.08.2010 passed by the Additional Chief Judicial Magistrate, Kapurthala and order dated 01.10.2010 passed by the Additional Sessions Judge, Kapurthala, vide which, the application of the petitioner for grant of permission to go abroad and request to release the passport of the petitioner has been dismissed. It is contended by the learned counsel for the petitioner that the petitioner is retired as Professor from Government College, Kapurthala. He is 72 years and is a permanent resident of United States of America. It is CRM No. M 2754 of 2011 2 further contended that the permanent resident of America cannot reside out of the country for more than six months, failing which, his status of permanent resident will be cancelled. In case, the petitioner does not return back to America by 20.02.2011, his status of permanent resident of America shall stand cancelled. The petitioner had accordingly moved an application before the Court of Additional Chief Judicial Magistrate, Kapurthala. However, the same was dismissed on the ground that charges have yet to be framed and there is every likelihood that the petitioner shall not come back India, if he is permitted to go abroad. Heard. It is not disputed by the learned State counsel that charges have since been framed on 07.02.2011 and the next date of hearing in this case before the Court below is 19.04.2011. It is further not disputed that the earlier application moved by the petitioner seeking permission to go abroad was allowed on 03.08.2009. Accordingly, the petitioner, who was permitted to go abroad, returned back India within the stipulated time as granted by the trial court. In view of the above as well as on account of the fact that in case, the petitioner is not allowed to go abroad, he shall suffer an irreparable loss and his status of permanent resident of America shall stand cancelled, the present petition is allowed subject to following terms and conditions:- a) The petitioner shall be permitted to go abroad forthwith. However, he shall return to India on or before the next date fixed before the trial Court i.e. 19.04.2011;. b) The petitioner shall deposit Rs.2,00,000/- as surety before the Court below;. c) The petitioner shall also furnish any other surety/bail bonds CRM No. M 2754 of 2011 3 to the satisfaction of the trial Court; d) The petitioner shall also submit an undertaking that he shall return back to India within the stipulated period i.e. on or before the next date of hearing fixed before the trial Court i.e. 19.04.2011; and e) Subject to any other condition as imposed by the trial Court. Allowed in the above terms. (Nirmaljit Kaur) Judge 08.02.2011 mohan