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High Court of Punjab and HaryanaCRM-M/34806/2024allowed

Satpal Kaur v. State Of Punjab

2024-07-26Mr. Justice Anoop Chitkara4 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.34806 of 2024 Date of Decision: 26.07.2024 Satpal Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Kamalpreet Singh, nephew of the petitioner. **** ANOOP CHITKARA, J.

Bar is abstaining from work today.

Seeking quashing of order dated 05.06.2024 passed by Special Judge, Ludhiana whereby permission to travel to Canada was granted for a period of one month i.e. from 01.07.2024 to 31.07.2024 as against the demanded period of three months i.e. from 26.06.2024 to 28.09.2024, the petitioner has come up before this Court under Section 482 Cr.P.C. for extension of the same.

2.

The nephew of the petitioner who is appearing in person for the petitioner on instructions submits that his aunt is in Canada. After taking due permission from the Court of Special Judge, Ludhiana she traveled abroad w.e.f. 01.07.2024 to 31.07.2024 subject to furnishing bank guarantee in the sum of Rs.10.00 lacs. Now, she is not in a position to return on time and period of permission is going to expire on 31.07.2024 as doctor has advised her bed rest and prays for extension of time till 30.09.2024. A perusal of the record reflects that the investigation of the case is undergoing and the prayer is for extension of stay in Canada only for a period of 02 months.

3.

Given above, the present petition is allowed and the petitioner is permitted to stay in Canada upto 30.09.2024, subject to condition that she will intimate the address where she is staying in Canada and also the mobile number, whatsapp number on which she can be contacted, to the Investigator concerned within a period of 15 days. The petitioner shall also

-2abide by the conditions as mentioned vide order dated 05.06.2024 passed by the trial Court. Pending applications, if any, also stand disposed of. (ANOOP CHITKARA) JUDGE 26.07.2024 Whether speaking/reasoned:

Yes Whether reportable:

No.

3- , attested by a Notary Public or an Executive Magistrate to the Investigator/ Station House Officer of the concerned Police Station declaring the following: Details of the case FIR No.

Dated Police Station Sections Details of all pending FIRs, Complaints, and criminal cases pending before any Court. FIR No.

Dated Police Station Sections Complaints Number.

Court Petitioner's details Name Mobile number e-mail ID Passport no.

Correspondence Address Active Indian phone number with international roaming enabled Any international phone numbers the petitioner shall be using for travels Emergency contact details Contact details of Counsel representing the petitioner

1) The above-mentioned e-mail and mobile number(s) are active and in use, and petitioner shall attend all calls and respond to the messages and e-mails from Investigator, Courts etc.

2) The applicant-petitioner shall share the mobile number, whatsapp number and keep the GPS location ON of his phone and shall also share IMEI number of the phone. The applicant-petitioner shall share all this information with the State counsel before this Court.

-4On receipt of such information learned counsel for the State shall pass on the same to the quarter concerned.

3) That the petitioner shall attend the trial as and when called upon to do so.

4) The petitioner declares all their immovable properties in India and verifies the selfattested list of such properties attached with this affidavit.

5) That the petitioner shall join the investigation as and when required by the investigator by appearing either in person or via video conferencing when abroad.

6) That the petitioner acknowledges that in case of non-compliance, the consequence shall include but not be limited to forwarding of the undertaking to the authorities of the concerned country by the Government of India/ State Government/Investigator for deportation, extradition and cancellation of the petitioner's passport.

7) That in case the petitioner violates any condition, the bail shall stand cancelled. 4(a) The petitioner shall either handover the original attested affidavit to the concerned Investigator or shall send it through Speed-post, with one copy to the Office of the Advocate General. The petitioner shall be permitted to travel abroad after handing over/ posting the affidavits by Speed-Post.