CRM No. M 7052 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 7052 of 2011 Date of decision: 11.03.2011 Harwinder Singh ........ Petitioners Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Surinder Singh Saio, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent State -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C praying for quashing of order dated 19.02.2011 (P-1), whereby, the Judicial Magistrate Ist Class, Fatehgarh Sahib, rejected the application of the petitioner for permission to leave India and also for releasing of the passport as his passport is attached with Court File bearing FIR No. 29 dated 29.09.2006 under Section 326, 34 IPC, P S Fatehgarh Sahib, pending in the Court of JMIC, Fatehgarh Sahib. Learned State counsel points out that the application of the CRM No. M 7052 of 2011 2 petitioner praying that the petitioner be allowed to go abroad was dismissed as the documents annexed with it did not inspire confidence of the Court. However, learned counsel for the petitioner has brought to the notice of this Court an order dated 31.12.2007 passed by this Court in CRM M 55243 of 2007, vide which, his passport was ordered to be released to enable the petitioner to get extension of his VISA. Thereafter, the petitioner applied for Maritime Crew (Temporary) Visa (Sub Class 988) to visit Australia by Sea through on line service. On 14.03.2008, the petitioner was granted multiple travel VISA for a period of three years to travel Australia by Sea. Now, the said VISA is likely to expire on 14.03.2011. Therefore, the petitioner wants the passport to enable him once again to seek further extension of the VISA from 14.03.2011 to enable him to go to Australia. In view of the above, the present petition is allowed and the trial Court is directed to release the passport of the petitioner forthwith subject to the following conditions:- a) The petitioner will give an undertaking before the trial Court that he will return back by 11th June, 2011 and will deposit his passport in the trial Court on his return; b) The petitioner shall return back to India within a period of three months from today and submit an application to the said fact on his return; c) The petitioner shall furnish a bank guarantee for a sum of Rs.2,00,000/- which shall be kept alive till he returns back to India; and CRM No. M 7052 of 2011 3 d) The Bank guarantee so furnished by the petitioner shall be forfeited to the State in case of non- submission of the passport to the Court concerned as undertook by the petitioner. Meanwhile, personal appearance of the petitioner before the trial Court shall remain exempted for the next three months i.e. up to 11.06.2011. Copy of the order be given to the learned counsel for the petitioner under the signatures of the Reader of this Court. (Nirmaljit Kaur) Judge 11.03.2011 mohan