Crl. Misc. No. M-19360 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19360 of 2010 DATE OF DECISION: August 25, 2011 Jagraj Singh .........PETITIONER(S) VERSUS State of Punjab ........ RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. P.S. Ahluwalia, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl. A.G., Punjab. AJAI LAMBA, J. (ORAL) This petition prays for setting aside order dated 02.06.2010, vide which the application filed by the petitioner for release of passport has been dismissed. It appears that on registration of the FIR, passport of the petitioner was taken by the investigating agency. In the process, it was damaged by the investigator while tagging it with the file. The petitioner made an application alongwith his co-accused Balbir Singh for return of passport to enable them to have a new passport issued. An undertaking has been given that the passport would be returned to the investigating agency after a fresh one is issued. While the application of Balbir Singh has been allowed on the ground that Balbir Singh was allowed bail by the lower Court, the application of petitioner-Jagraj Singh has been declined on the premise that anticipatory bail of the petitioner was allowed by this Court while dealing Crl. Misc. No. M-19360 of 2010 2 with Crl. Misc. No. M-51911 of 2005 and he was directed to produce his passport before Investigating Officer. Having considered the facts and circumstances of the case, I am of the considered opinion that the petitioner cannot be singled out. The petitioner is entitled to the same relief as Balbir Singh. Application of the petitioner has been placed on record as Annexure P-3 and is hereby allowed. The impugned order dated 02.06.2010 is quashed in context of the petitioner. The passport be returned to the petitioner to enable him to get a fresh passport issued on the undertaking recorded in para no. 5 of the application (Annexure P-3). This petition is accordingly allowed. 25.08.2011 (AJAI LAMBA) shivani JUDGE