Crl. Misc. No.M-9511 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-9511 of 2010 Date of Decision: July 8, 2010 Joginder Pal Jain …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.P.S. Dhaliwal, Advocate for the petitioner. Mr.P.S. Bajwa, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) The petitioner is stated to be an MLA facing trial in case FIR No. 68 dated May 26, 2008 under Sections 307, 148, 149 IPC read with Sections 25 and 27 of the Arms Act, Police Station Mehna, District Moga. He seeks permission to visit Canada as his daughter-in-law is residing there and some religious ceremonies are to be performed as she has been blessed with a son on November 12, 2009 at Vancouver. The trial Court had earlier Crl. Misc. No.M-9511 of 2010 [2] granted permission to the petitioner to leave India for a short duration on his depositing a sum of Rs.5 lacs which was returned to him on his return. Vide order annexure P-6, the permission has been declined on the ground that co- accused of the petitioner is not appearing for consideration of charges. Heard. It is a settled principle of law that an accused will be deemed to be innocent till convicted. The petitioner has put-forth a reasonable ground to go abroad. No malafide can be attributed. The petition is allowed. The order dated February 26, 2010 is set aside. Permission is granted to the petitioner to leave India from August 10, 2010 till September 10, 2010 subject to depositing a sum of Rs.2 lacs in the trial Court and furnishing personal/ surety bonds for a sum of Rs.2 lacs to return to India by September 10, 2010. The trial Court may adjust the dates of hearing by not fixing the dates between August 10, 2010 to September 10, 2010. This order will not give a liberty to the petitioner not to put in appearance before the trial Court on the dates fixed for hearing by the Court. It is made clear that in case the petitioner does not return, the amount deposited will be forfeited to the State. . July 8, 2010 (M.M.S.BEDI) sanjay JUDGE