Crl.M.No. M-36357 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-36357 of 2011 (O&M) Date of decision : 2.12.2011 ... Hardeep Singh @ Hardeep Nihal Singh and another ................Petitioners vs. State of Punjab and another .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Rajiv Atma Ram, Senior Advocate with Sh. Arjun Partap Atama Ram, Advocate for the petitioners Ms. Simsi Dhir Malhotra, Assistant Advocate General, Punjab. ... K.C. Puri, J. Vide order dated 4.8.2011, passed in Crl.M. No. M-24673 of 2010, this Court returned the passport of the petitioners in order to enable them to travel abroad subject to the following conditions:- “ i) That the petitioners shall furnish a bank guarantee in the form of Fixed Deposit Receipt of Rs. 6 lacs in the name of the Trial Court which shall be deposited with the Trial Court concerned, within a period of two weeks from today. ii)That the amount of FDR shall be retained in the Crl.M.No. M-36357 of 2011 -2- Trial Court and shall be subject to its further orders. iii)That the Trial Court shall be free to impose any other conditions that it may deem fit in the given set of circumstances of the case in order to ensure the presence of the petitioners with a view to obviate any chances of default by the petitioners in appearance. iv)That the petitioners shall furnish an undertaking before the learned trial Court to the following effect:- a) that they will participate in the proceedings without committing any default till the time the matter is concluded. b) that they would not commit any default in appearance and shall appear as and when they are required to do so.” Thereafter, the petitioners approached the learned JMIC for allowing them to go abroad and that application was declined vide order dated 30.11.2011. The trial Court has declined the application only on the ground that date on which the petitioners have to travel, has not been mentioned. Counsel for the petitioners has placed on record the Visa, as well as, the air tickets to travel China from 4.12.2011 to 11.12.2011. They have already furnished the bank guarantee. So, in these circumstances, the order dated 30.11.2011, Crl.M.No. M-36357 of 2011 -3- stands set aside. The petitioners are allowed to visit China from 4.12.2011 to 11.12.2011, on furnishing undertaking by way of affidavit, before the trial Court, that they shall appear before that Court on 19.12.2011, the date already fixed before it. Disposed of. Copy of the order be given dasti as per rules, on payment of usual charges. ( K.C. Puri ) 2.12.2011 Judge chugh