In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 1392 of 2009 (O&M) Date of Decision:March 09, 2009 Jarnail Singh Dhillon ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Sapan Dhir,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab Mr.K.K.Goel, Advocate, for the complainant. *** SABINA, J. Crl. Misc. No. 11103 of 2009 Application is allowed. Reply/rejoinder affidavits dated 2.3.2009 is taken on record. Crl. Misc. No. 12331 of 2009 Application is allowed. Applicant-respondents are exempted from filing certified copies of Annexures R-1 to R-3. Crl. Misc. No. M- 1392 of 2009 Jarnail Singh Dhillon, petitioner has filed this petition seeking permission to go to Canada to look after his business for two months Crl. Misc. No. M- 1392 of 2009 (O&M) -2- pending trial in FIR No. 35 dated 1.4.2005 under Sections 498A, 406 (added later on) of the Indian Penal Code (hereinafter referred to as “IPC”) registered at Police Station Sahnewal, District Ludhiana. Charge has been framed against the petitioner and his co accused on 26.2.2009 under Sections 498A, 406 IPC. Petitioner was married to Paramjit Kaur on 27.11.1993 at village Sahnewal. At that time petitioner was employed with PUNWIRE at Mohali. In April 2002, petitioner settled in Canada along with the complainant and their minor son aged about 8 years. Thereafter, they were blessed with a daughter in June 2004. In October, 2004, petitioner along with complainant came to India for a short visit. Petitioner went back to Canada in November, 2004 but the complainant remained in her parental home. On 1.4.2005, complainant lodged a complaint against the petitioner and on the basis of the same, FIR, in question was registered against the petitioner. Petitioner filed a divorce petition on 7.4.2005 before the Court of Queen's Bench of Alberta, Judicial District of Edmonton, Canada. Complainant appeared in the said case and filed her reply by way of affidavits dated 9.11.2003 and 24.3.2006. In response to the said affidavits, petitioner also filed his affidavit dated 31.3.2006. Vide judgment dated 28.9.2007, divorce was granted to the parties and a certificate of divorce was issued on 1.11.2007 (Annexure P-4 colly.) It was also ordered that the petitioner would pay $ 506 per month to the complainant and $ 250 per month to both the children. Petitioner was arrested in this case on 19.8.2008 and was granted bail on 6.10.2008 by the Additional Sessions Judge, Ludhiana (Annexure P-5). Crl. Misc. No. M- 1392 of 2009 (O&M) -3- Learned counsel for the petitioner has submitted that the trial court had erred in dismissing the application filed by the petitioner for permission to go to Canada for two months to look after his business as the petitioner is also required to pay regular maintenance of $ 756 per month to his wife and children. Learned counsel for the complainant has opposed the request made by the petitioner on the ground that in case, the petitioner leaves for Canada he may not return back. He was declared a proclaimed offender in the year 2006 and was arrested in the year 2008. Keeping in view the facts of this case, the present application is liable to be allowed. Petitioner and the complainant had got a certificate of divorce on 1`.11.2007. Both the petitioner as well as the complainant are stated to be Canadian citizens. The petitioner is also required to pay 756 dollars per month to the complainant and his children as maintenance. Although, initially, the petitioner was declared a proclaimed offender, but since he is a Canadian citizen and is to look after his business in Canada, it would be just and expedient to allow the petitioner to go to Canada for two months. To enable him to look after his business. Accordingly, this petition is allowed. Petitioner is permitted to go to Canada on the following conditions:- 1. Petitioner shall execute a bond for a sum of Rs. 10 lakhs with a bank guarantee for the like amount to the satisfaction of the trial court. 2. Counsel for the petitioner shall present himself before the trial court on the date fixed and will not seek an adjournment Crl. Misc. No. M- 1392 of 2009 (O&M) -4- on the ground that the petitioner is not present in India. 3. Petitioner shall surrender before the trial court on or before 16.5.2009 failing which his bail shall stand cancelled. (SABINA) JUDGE March 09, 2009 PARAMJIT