High Court of Punjab and HaryanaCRM-M/600/2017allowed

Paramjit Kaur v. State Of Punjab

2017-01-31Mrs. Justice Raj Rahul Garg2 pages

CRM-M-600 of 2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-600 of 2017 Date of decision :- 31.01.2017 Paramjit Kaur ....Petitioner versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vikas Sharma, Advocate for the petitioner Mr. Jashanpreet Singh, DAG, Punjab Proxy counsel for respondent No. 2 **** RITU BAHRI , J. (Oral) The present petition is for granting permission to the petitioner to go abroad (Australia) from January, 2017 to November, 2017. Brief facts of the case are that F.I.R No. 57 dated 29.06.2016 has been registered against the petitioner and her son and petitioner has been granted anticipatory bail by this Court on 03.08.2016 (P-2), which was confirmed on 04.10.2016 (P-3). Earlier also petitioner filed an application seeking permission to go abroad to meet her son. This Court vide order dated 01.09.2016 granted the permission, subject to deposit of Rs.5,00,000/- as surety with the trial Court and petitioner was directed to appear before this court on 04.10.2016. In compliance of the above said order, the petitioner appeared before this Court on 04.10.2016. Learned counsel for the petitioner submits that the son of the GAURAV ARORA 2017.02.02 13:44 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-600 of 2017 petitioner namely Talwinder Singh is studying in Australia in Class 12th on Student Guardian Visa and it is the condition of Visa of Talwinder Singh that stay of Guardian/parents is necessary in Australia and father of Talwinder Singh is not alive, therefore the presence of the petitioner is necessary in Australia.

Learned State counsel on instructions from HC Gulab Singh has informed the Court that petitioner is permanent resident of Australia and petitioner is mother-in-law of the grand daughter of the complainant. Further it has been informed that grand daughter of the complainant is also residing in Australia.

Keeping in view the fact that the presence of the petitioner is necessary in Australia and the fact that the petitioner had earlier also been granted permission to go Australia and she returned back, the present petition is allowed and petitioner is granted permission to go abroad (Australia) from January, 2017 to November, 2017, subject to the surety fixed by the trial Court and the trial shall proceed and the counsel appearing for petitioner in the trial Court shall cross examine the witnesses.

31.01.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.02.02 13:44 I attest to the accuracy and integrity of this document Chandigarh