Crl. Misc. No.M-13210 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH ***** Crl. Misc. No.M-13210 of 2010 Date of Decision: 05.01.2011 Balraj Singh … Petitioner Versus State of Punjab …Respondent ***** CORAM: HON’BLE MS. JUSTICE RITU BAHRI ***** 1. To be referred to the Reporter or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. ADS Sukhija, Advocate, for the petitioner. Mr. Raghbir Chaudhary, Sr. DAG, Punjab. ***** RITU BAHRI, J. (ORAL) This petition is under Section 482 of the Code of Criminal Procedure with a prayer that the petitioner be permitted to visit Canada for a period of six months during the pendency of his trial in case FIR No.190 dated 16.8.1996, under Sections 447, 511, 427, 379, 323, 506, 148 and 149 IPC, registered at Police Station Div. No.6, Ludhiana. The FIR was registered on 16th August, 1996, the Police submited a cancellation report on 11th April, 2001. Thereafter, on 10th June, 2006 the petitioner was resummoned to face trial for an offence punishable under Sections 447, 511, 427, 379, 506, 323, 148 and 149 IPC. The petitioner has filed the present application seeking permission go abroad to stay with his family for six months. The petitioner came back in 2009 and surrendered before the Court. In the present application, the petitioner has prayed that he should be allowed to visit Canada to stay with his family. The Crl. Misc. No.M-13210 of 2010 -2- petitioner shows his immigration with his family to Canada and the trial is going since the last 14 years. Reference has been made to an order passed by this Court on 28th April, 2009 whereby the co-accused Gurinder Singh Grewal was granted exemption from personal appearance in the trial. The Court was conscious of the fact that the trial was pending from last 13 years. In the present case, the petitioner's prayer is genuine as the trial is pending from the last 13 years. I find merit in this submission of the learned counsel for the petitioner. Accordingly, personal appearance of the petitioner is exempted subject to furnishing an undertaking that he shall cause appearance as and when required by the trial Court. He shall also file an undertaking that the evidence, if any, recorded in his absence but in the presence of his counsel shall be binding upon him. The petitioner is also permitted to leave India and to visit Canada for six months. The trial Court to impose condition for adequate security to bind the petitioner to come back within six months. The petition stands disposed of. JANUARY 05, 2010 (RITU BAHRI) RAJAN JUDGE