Criminal Misc. No.M-17008 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-17008 of 2009 Date of decision : 26.06.2009 Parmod Kumar Aggarwal .....Petitioner Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Harsh Bunger, Advocate for the petitioner. Mr. Ajay Kaushik, Advocate for respondent no.2. S. D. ANAND, J. The petitioner had filed a plea before the learned Special Judge, CBI, Punjab for the return of his passport to enable him to renew it. The passport initially issued was valid upto 27.7.2009. The request was allowed. It is apparent from the impugned order that the C.B.I. did not oppose the return of the passport for renewal purposes. On consensual basis, the Special Judge, CBI, directed the return of the passport to the applicant-petitioner subject to his furnshing bonds in the sum of Rs.5 lacs with one surety in the like amount. The petitioner was to further undertake to return the passport within one week of its receipt from the passport office. He was to further undertake not to use it for travelling purpose without obtaining prior permission from the Court. The learned counsel states that the order could not be complied with as the petitioner was not able to obtain the relevant revenue documentation from the revenue authorities on account of the strike in the State of Punjab. Criminal Misc. No.M-17008 of 2009 -2- **** In the present petition, the petitioner has also applied for the leave of the Court to go overseas with a view to obtain the medical treatment for the various diseases he is suffering from. The petitioner has enclosed relevant documentation in support of the averment. Notice of motion. Mr. Ajay Kaushik, learned counsel accepts notice on behalf of CBI on the asking of the Court. Insofar as the order with regard to the return of the passport is concerned, it already stands granted. The petitioner shall be entitled to obtain the passport on furnishing bonds in the sum of Rs.5 lacs with one surety in the like amount, as already ordered. Mr. Harsh Bunger, learned counsel appearing on behalf of the petitioner, states that the petitioner would be prepared to furnish a bank guarantee of Rs.10 lacs for ensuring his return from the overseas. In the light thereof, the petitioner shall stand allowed to visit overseas for a period of two months to obtain medical treatment on furnishing a bank guarantee of Rs.10 lacs. The request is being allowed as it is apparent from the record that the petitioner is suffering from the various diseases. Insofar as the request for the grant of exemption from personal appearance is concerned, the petitioner shall have to make submission before the learned Special Judge, CBI, Punjab. He may like to give an undertaking therein that his being away shall not withhold the trial inasmuch as the cross-examination of the witnesses would be conducted in his absence by his learned counsel. In any case, that plea shall have to be considered by the learned Special Judge, unfazed by any observation that may have been made by this Court. The petition shall stand disposed of accordingly. Criminal Misc. No.M-17008 of 2009 -3- **** Copy of the order be given to the learned counsel for the parties under the signatures of the Special Secretary. June 26, 2008 (S.D. ANAND) Pka JUDGE