Rohit Chawla v. The State (NCT Of Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5074/2015 ROHIT CHAWLA ..... Petitioner Through:
Mr.Sunil K Mittal, Adv. with Mr.Pradeep Mahajan, Mr.Vipin K Mittal and Mr.Harshit Vashishth, Advs.
versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through:
Mr.Panna Lal Sharma, APP for State SI Rohit, Crime Branch
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 03.11.2017
1. This is a petition under Section 482 Cr.P.C filed on behalf of the petitioner for release of his passport with permission to visit abroad for two months.
2. Counsel for the petitioner has submitted that the petitioner's passport has been deposited with the Registrar General of Delhi High Court in pursuance to order dated 19th November, 2014 and 10th March, 2015 in FIR No. 819/2014, under Sections 420/468/471/120-B/506 IPC registered at Police Station-Rajouri Garden. Counsel for the petitioner has further submitted that the petitioner was granted bail by this Court vide order dated 10th March, 2015 passed in bail application No.2518/2014, subject to the condition that the petitioner shall deposit rupees fifty lakhs and that he will not leave India
without prior permission of the Trial Court.
3. Counsel for the petitioner has further submitted that the petitioner in compliance of the said bail order has deposited an amount of rupees fifty lakhs and the same has been released to the complainant as on date.
4. Counsel for the petitioner further submitted that subsequently the investigation was carried out in the aforesaid FIR for the offences mentioned therein and the police have filed closure report.
5. Counsel for the petitioner has further submitted that the petitioner herein is a U.K. citizen and he has no house in India and his family members are residing at U.K. therefore, the petitioner be permitted to go abroad to meet his family members and his passport be released.
6. Counsel for the petitioner has further submitted that the petitioner has settled the outstanding issues with the complainant pertaining to the said FIR and they have no objection if the passport is released in favour of the petitioner and if he is allowed to go abroad.
7. Learned APP appearing on behalf of the State has submitted that the matter is fixed before the Trial Court on 16th November, 2017 for order.
8. The complainant Mr.Daljeet Singh and the victim Mr.Babandeep Singh are present in the Court today and have been identified by the Investigating Officer SI Rohit. They have submitted that they have received an amount of rupees fifty lakhs and also admitted that they have settled the outstanding issues.
9. Looking into the above facts and circumstances of the case as the petitioner is in India since 2014 and is facing hardship and the fact that the police has filed closure report and the complainant Mr.Daljeet Singh and the victim Mr.Babandeep Singh have admitted that they have resolved their outstanding issues, in these circumstances, the passport of the petitioner be released and the petitioner is permitted to go abroad subject to the condition that the petitioner shall appear before the Court below as and when directed to appear in person; the petitioner shall furnish personal bond in the sum of rupees one lakh with one surety of the like amount to the satisfaction of the Court below. The Registrar General of the Delhi High Court is directed to release the passport of the petitioner forthwith.
10. The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be sent to the Trial Court. Copy of this order be given dasti, as prayed. I.S.MEHTA, J NOVEMBER 03, 2017 sr