IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M- 13143 of 2009 Date of Decision:- 26.6.2009 Amarjit Singh .... Petitioner Versus State Union Territory, Chandigarh .... Respondent. Present:- Mr. A.D.S Sukhija, Advocate, for the petitioner. Mr. Rajiv Sharma, Standing Counsel for U.T, Chandigarh. M.M.S.BEDI. (J) (Oral) Petitioner Amarjit Singh has filed this application for quashing of the order dated 22.4.2009 passed by the trial Court dismissing the application of the petitioner to leave India to complete course of Advance Diploma in E Business and Business Management, which he is undertaking at King Edward College of Management and Technoloy Scott Rd, Surrey, V3V 4B8 (B.C). Canada, Phone 604 580 7234, FAX 604 580 7235, wwwkingedwardcollege.com. Petitioner has placed on record a certificate issued by the Manager of the College to the effect that petitioner has been studying in the said college since 2007 and that college has granted him extension of leave till 30.6.2008. The petitioner is required to resume his studies after July 2008. Learned counsel for the petitioner has submitted that the Course will be completed in the month of December 2009. In case the petitioner is not permitted to visit Canada to complete his Course, irreparable loss will be suffered by him. So far as trial is concerned, it has been contended that the supplementary challan has been presented against the petitioner and few other co-accused of the petitioner. Crl. Misc. No. M- 13143 of 2009 -2- Learned State counsel has submitted that petitioner should not be given liberty to leave India as the chances of his return back to face trial is absolutely remote. Learned counsel for the petitioner has further submitted that all the family members of the petitioner are accused in the present case and chances of his fleeing from the process of law is remote. The evidence which has been gathered against the petitioner is in the shape of extra- judicial confession made by father of the petitioner to the effect that petitioner and other family members were involved in preparation of fake passports for sending people abroad against work permits. A perusal of charge-sheet indicates that main allegations are against the elder brother of the petitioner namely Gurjinder Singh @ Lucky. Taking into consideration all the facts of this case, the petitioner can be granted permission to leave India subject to certain conditions which would ensure his return to India to face trial and not to flee from the process of the Court. The petition is allowed. Taking into consideration the principle that an accused will be deemed to be innocent till proved guilty, in order to strike balance between the right of the prosecution agency to secure the presence of the accused at the time of trial for identification and for other purposes, in the interest of justice, it is ordered that petitioner will be permitted to leave India in the month of June 2009 till 7.1.2010, subject to the following conditions:- Crl. Misc. No. M- 13143 of 2009 -3- 1. petitioner will deposit a sum of Rs.2 lakhs with the trial Court with one surety for additional sum of Rs.2 lakhs to ensure that he will return to India as and when required by the Court with a intimation to his counsel representing him; 2. petitioner will furnish an undertaking to the effect that in case charge is framed against him during the month of June, the evidence can be recorded in his absence, but in presence of his counsel, as per provisions of Section 273 Cr.P.C.; 3. in case of petitioner not appearing before the Court on first occasion a sum of Rs. 1 lakh will be forfeited to the State. In case of violation of second direction another sum of Rs.1 lakh will be forfeited to the State, irrespective of the right of the State to recover the amount of the bond from the surety and the petitioner as per provisions of Section 446 Cr.P.C; 4. in case trial Court opts to frame charge against the petitioner and petitioner is required to admit or deny charge, he would return to India on a specific date given by the trial Court for the said purpose. It will be the responsibility of learned counsel to intimate the date of hearing to the petitioner. It will be open to the trial Court to inform the date of hearing to the learned counsel for the petitioner, his family members or his surety as deemed appropriate. Passport of the petitioner will be released to him. However, he will be required to resubmit his passport on his return to India. It will be open to the trial Court to impose any other condition as deemed appropriate to ensure presence of the petitioner in the interest of justice. May 26, 2009 (M.M.S.Bedi) tripti Judge