IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-33147 of 2009 Date of decision : 04.12.2009 Lt.Col.Baljit Singh Sandhu … Petitioner Versus Central Bureau of Investigation, ACB, Sector 30-A, Chandigarh. …Respondent Present: Mr.G.S.Bhatia , Advocate for the petitioner. Mr.Ajay Kaushik, Advocate for the respondent-CBI, Chd. S.S.Saron, J. Heard learned counsel for the parties. The petitioner has filed the application (Annexure P-1) seeking permission to go abroad from 22.11.2009 to 15.12.2009 to attend Seminars/Official work concerned with the affairs of the Company of the applicant. A list of immovable property (Annexure P-2) was filed. The learned Special Judge, CBI, Punjab, Patiala vide order dated 18.11.2009 (Annexure P-3) granted permission to go abroad. However, the petitioner was asked to furnish personal bonds in the sum of Rs.1 crore with bank guarantee of the similar amount. Aggrieved against the condition with regard to furnishing bank guarantee for a sum of Rs.1 crore, the petitioner has filed the present petition seeking setting aside the aforesaid condition as recorded in the order dated 18.11..2009 (Annexure P-3). Learned counsel for CBI has opposed the application and submitted that in the facts and circumstances, the said condition is absolutely reasonable and the same is not liable to be revoked. Crl.Misc.No.M-33147 of 2009 After giving my thoughtful consideration to the matter, in my view the condition with regard to furnishing of bank guarantee of Rs.1 crore would be highly excessive. It may not be possible for a person to furnish a bank guarantee of Rs.1 crore as a deposit of said amount with the bank may be asked for. Besides pledging immovable property which is equivalent to the said amount would be sufficient for the said purpose. The trial of the case is going on and the challan has been presented. The petitioner had sought permission to go abroad from 22.11.2009 to 15.12.2009. However, learned counsel for the petitioner submits that he may be granted permission to go abroad for a period of three weeks from the date he leaves and he would leave in the month of December, 2009 itself. Learned counsel for the petitioner has submitted that the petitioner is owner of about 6 acre of land in village Karora, Tehsil Kharar, District SAS Nagar, Mohali. He has submitted a photostat copy of the jamabandi in respect of the said land in which the petitioner is recorded as owner of land measuring 52 kanals and 13 marlas comprised in Rect.No.100, khasra No.33 (47-9) and Rect. No.101, khasra No.26 (5-4). It is submitted that the said land is free from all encumbrances and he would pledge the same as security of his return. The request of the petitioner is reasonable. Accordingly, the condition of furnishing bank guarantee in the sum of Rs.1 crore as imposed by the learned Special Judge CBI, Patiala vide order dated 18.11.2009 (Annexure P-3) is set aside and revoked and permission is granted to the petitioner to go abroad subject to the following conditions in addition to the other conditions as contained in the order dated 18.11.2009 :- 2 Crl.Misc.No.M-33147 of 2009 i) The petitioner shall bind himself by executing a personal bond that he shall return from abroad and appear before the learned trial Court, for the purpose of trial. ii) The petitioner shall also furnish two sureties in the sum of Rs.25 lacs each to the satisfaction of the trial Court, for his return from abroad and appearance before the Court. iii) The sureties and bonds shall be accepted and after acceptance of the sureties a period of three weeks shall be given to the petitioner to go abroad from the date he leaves in the month of December, 2009. iv) The land measuring 52 kanals 14 marlas in the revenue estate of village Karora, Tehsil Kharar, District SAS Nagar, Mohali as detailed above shall be pledged in favour of Special Judge, CBI, Punjab, Patiala for which the petitioner shall execute the necessary document in favour of the Court and an endorsement in this regard shall be made in the remarks column of the jamabandi in the year 2006-07 that the said land stands pledged with the CBI, Special Judge, Punjab, Patiala. The necessary entry after being made shall be submitted in the court of Special Judge CBI, Punjab, Patiala. On return, the petitioner shall be continued to be bound by the earlier conditions as imposed by the court and the conditions imposed herein for going abroad will be inoperative. The case before the trial court is fixed for 9.1.2010. The petitioner shall appear before the court on the said date. Copy of the order be given dasti. [ S.S.Saron ] Judge 04.12.2009 sd 3