Criminal Misc. No. M-14502 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14502 of 2011 Date of Decision: 25.5.2011 Atul Nibber …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. G.S. Attariwala, Advocate for the petitioner. Mr. Amit Rana, Deputy Advocate General, Haryana, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking permission to go abroad (United States of America) for a period of 50 days i.e. from 28.5.2011 to 16.7.2011. The petitioner is named as accused in case FIR No. 255 dated 2.8.2007, registered at Police Station Sector 5, Panchkula, under Sections 452, 323, 427 and 506 IPC. Learned counsel for the petitioner has drawn my attention to the order dated 21.11.2007 (Annexure P4) passed in Criminal Misc. No.42246-M of 2007 decided on 21.11.2007, wherein earlier this Court had granted similar permission to the petitioner by observing as under:- “...Having heard learned counsel for the parties and for the above stated reasons, the prayer made by Criminal Misc. No. M-14502 of 2011 2 the petitioner is allowed and he is permitted to go abroad (USA), however and as undertaken by his learned counsel, he shall return India on or before 31st January, 2008. Consequently, Learned Chief Judicial Magistrate, Panchkula, is directed to release the petitioner's original passport subject to his furnishing surety bonds including a bank guarantee to the tune of ` 2 lacs with the undertaking that he will come back to India before 31st January, 2008 and shall remain present in court on the next date(s) of hearing and also subject to any other condition as may be imposed by the Learned Chief Judicial Magistrate, Panchkula. Disposed of”. Learned counsel has submitted that thereafter the petitioner was again allowed to go abroad for a period of 60 days and he has referred to the order dated 2.12.2008 (Annexure P6) passed in Criminal Misc. No. 31194-M of 2008, wherein the permission was granted by observing as under:- “...In view of this, the instant petition is allowed. The Chief Judicial Magistrate, Panchkula, is directed to release the original passport of the petitioner subject to his furnishing surety bonds including a bank guarantee to the tune of ` 2 lacs with the undertaking that he will come back to Criminal Misc. No. M-14502 of 2011 3 India before 31st January, 2009 and deposit back his original passport with the Court and shall remain present in Court on next date(s) of hearing and also subject to any other condition as may be imposed by the Learned Chief Judicial Magistrate, Panchkula”. For the third time, the petitioner was also granted this permission vide order dated 6.12.2010 (Annexure P7), passed in Criminal Misc. No. 34982-M of 2010 relevant portion whereof reads as under:- “...Learned State counsel very fairly submits that the State has no objection to the application being allowed. In view of the above, this petition is allowed. It is, however, directed that passport of the petitioner shall be released to him on furnishing surety bonds as well as bank guarantee of ` 5.00 lacs. The petitioner shall also furnish an undertaking that he shall return to India on or before 9th February, 2011 and deposit his original passport with the trial Court, thereafter, he shall remain present before the Court on the rest of the dates. The Chief Judicial Magistrate, Panchkula shall be at liberty to impose any other conditions deemed fit in the facts and circumstances of the case. Disposed of”. Criminal Misc. No. M-14502 of 2011 4 Learned counsel for the respondent has submitted that since last three times the petitioner was granted permissions and he had returned, the State has no objection in case permission is again granted to the petitioner to go abroad. However, learned counsel for the respondent has submitted that the petitioner should ensure his presence in the trial Court on the next date of hearing when the prosecution evidence is to be recorded. Learned counsel for the petitioner has submitted that next date of hearing, before the trial Court, is 29.7.2011 and the petitioner will ensure his presence on the said date. In view of the statement made by learned counsel for the parties, the present petition is allowed. The trial Court is directed to release the passport of the petitioner on furnishing surety bonds as well as bank guarantee of ` 5,00,000. The petitioner shall also furnish an undertaking that he will return to India on or before 28.7.2011 and deposit his original passport with the trial Court. Thereafter, he shall remain present in the trial Court on each and every date. The Chief Judicial Magistrate, Panchkula, shall be at liberty to impose any other condition which he may deem fit in the facts and circumstances of the case. (Kanwaljit Singh Ahluwalia) Judge May 25, 2011 “DK”