Ashok Kumar v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 08.08.2024 Ashok Kumar
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Roopak Bansal, Advocate for the petitioner.
Mr. Swati Batra, DAG, Punjab (Through VC).
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 08.12.2023 Vigilance Bureau, 420, 409, 465, 466, 467, 468, 471, Economic Offences 120B IPC and Sections 7, 7A, 8, Branch, Ludhiana, 13(1)A r/w 13(2) of Prevention of Punjab, Vigilance Corruption Act 1988 Bureau, Ludhiana The petitioner who was named in the above captioned FIR and was granted anticipatory bail by this Court vide order dated 08.02.2024/15.02.2024, now come up before this Court under Section 482 CrPC, seeking permission to travel abroad from 09.08.2024 to 13.08.2024.
2.
In compliance to the order dated 07.08.2024, petitioner has handed over affidavit to the State counsel. Counsel for the petitioner submits that the learned trial Court has dismissed the application solely on the ground that neither the petitioner has any urgent unavoidable work at that place nor any of his immediate family member resides there. It is not a ground to deny permission to travel abroad. Petitioner's counsel submits that petitioner's brother-in-law resides at Uzbekistan and he wants to go their to meet him. It is also submitted that petitioner would come back within the stipulated period and not violate the order of the Court. In case of any violation, State may proceed for cancellation of his passport.
3.
Counsel for the State opposes the petition and submits that if this Court is inclined to grant permission to the petitioner to go abroad, then the same must be subject to some stringent conditions.
4.
Given above, the petition is allowed and the petitioner is permitted to travel abroad and return back on or before 31.08.2024, subject to the condition that the petitioner shall hand over an affidavit, attested by a Notary Public or an Executive Magistrate to the Investigator/ Station House Officer of the concerned Police Station declaring the following:
1) 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 Complaint(s) Number Court Details of pending criminal case(s) in all Courts 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
2) 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.
3) That the petitioners shall attend the trial as and when called upon to do so.
4) That the petitioners shall join the investigation as and when required by the investigator by appearing either in person or via video conferencing when abroad.
5) That the petitioners 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.
6) That in case the petitioners violate any condition, the bail shall stand cancelled.
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 applicant shall be permitted to travel abroad after handing over/ posting the affidavits by Speed-Post.
6.
It is clarified that this order shall not be construed as a direction to passport authorities to issue passport and this order shall not be read as No Objection from this Court for the purpose of issuance and renewal of passport. In case, petitioner has any issue in this regard, he will take appropriate legal remedies in accordance with law with liberty to come to this Court again and file separate application demonstrating the refusal or rejection of passport.
7.
In case the petitioners do not return till 31.08.2024, it shall be permissible for the State to file application for cancellation of passport. It is further clarified that any Look Out Circular, if any issued against the petitioner in this FIR, shall remain stayed till 31.08.2024. Pending applications, if any, stand disposed of. It is clarified that as the order is pronounced in open Court, there would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use. (ANOOP CHITKARA) JUDGE 08.08.2024 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No.