Criminal Misc. No. M-28767 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-28767 of 2011 (O&M) Date of Decision : 15.11.2011. Sarbjit Kaur ...... Petitioner Versus State of Punjab & another ...... Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Sunil Chadha, Advocate, for the petitioner. Mr. Palwinder Singh, Sr. DAG, Punjab for the respondent-State. Mr. D.S. Pheruman, Advocate, for respondent No.2. NAWAB SINGH J.(ORAL) Challenge is to the order dated August 30th, 2011 passed by Judicial Magistrate First Class, Jagraon (Annexure P-6) whereby application filed by the petitioner seeking permission to visit Canada, was dismissed. 2. On October 14th, 2008, First Information Report No.153 under Sections 406, 494 and 498-A of Indian Penal Code was registered in Police Station Sidhwan Bet, District Ludhiana by Harwinder Kaur-respondent No.2 against her husband Jasbir Singh, Manjit Singh, Jaswant Kaur-parents-in-law, Baljit Kaur, petitioner and other relatives. Petitioner is sister of Jasbir Singh. During investigation, petitioner was found innocent. Charge-sheet was filed against parents-in-law and husband of respondent No.2 respectively and Baljit Kaur. Thereafter, respondent No.2 filed a complaint before the Area Magistrate against the petitioner and five others under Sections 406 etc. IPC. 3. In the complaint case, learned Area Magistrate summoned the petitioner and her co-accused to face trial. The Police report and the complaint case are being tried together. Charges have already been framed. Now, the case is pending for evidence of the Criminal Misc. No. M-28767 of 2011 (O&M) 2 prosecution for January 17th, 2012. 4. Learned counsel for the petitioner has contended that respondent No.2 married with Jasbir Singh on May 5th, 2003. A matrimonial dispute arose between them and the litigation commenced. On December 18th, 2010 the petitioner married with Baljinder Singh, who is Non-Resident Indian, and is residing in Canada. As the complaint was pending against the petitioner so, she could not accompany her husband to Canada. The Visa issued to the petitioner is to expire on January 14th, 2012. 5. It has been also contended that the petitioner is ready to abide by the conditions imposed by this Court allowing her to visit Canada. 6. Aforesaid facts reveal that petitioner is facing trial in a complaint case. She was found innocent by the Investigating Agency. She is newly married and on account of pendency of the complaint, she could not join her husband at Canada. Trial may take very long to conclude. Under these circumstances, it shall be in the interest of justice to allow her to visit Canada particularly when she is ready to comply with the conditions imposed by this Court. The conditions are that she shall file an application/affidavit before the trial Court that she shall be present before the Court as and when required, of course, after giving her notice of 15 days which shall be served through her father Manjit Singh and that she shall not raise any objection if evidence is recorded in her absence and in the presence of her counsel and shall furnish a bank guarantee in the sum of Rs.5 lacs to the satisfaction of trial Court. 7. For the reasons aforesaid, petition is accepted in the manner indicated above. 15.11.2011 (NAWAB SINGH) SN JUDGE