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High Court of Punjab and HaryanaCRM-M/39902/2024allowed

Lovejot Singh Johal v. State Of Punjab

2024-09-06Mr. Justice Anoop Chitkara2 pages

-1CRM-M-39902-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No.39902 of 2024 Date of Decision: 06.09.2024 Lovejot Singh Johal

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rahul Bhargava, Advocate for the petitioner. Mr. Jasjit Singh, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 10.02.2017 Vigilance Bureau, Economic Offences Wing, District Ludhiana 409, 420, 467, 468, 471, 120-B IPC and 13(1)(d) r.w. 13(2) of Prevention of Corruption Act, 1988 (201 IPC added later on) Seeking permission to travel to Canada from 15.09.2024 to 16.03.2025, on the ground that the petitioner is having P.R. of Canada and in order to remain the permanent resident of Canada, he needs to stay for stipulated period as per provisions of Canadian law, the petitioner who has been nominated as an accused in the FIR captioned above, has come up before this Court under Section 482 Cr.P.C.

2.

State counsel submits that because the petitioner is permanent resident of Canada, there is least likelihood of his coming back to India and submits that in case this Court allows the petitioner to go abroad, then the same must be subject to some stringent conditions. 3.

Counsel for the petitioner on instructions submits that if the petitioner tries to flee the country, he would have no objection if his passport itself is cancelled which would lead to automatic cancellation of visa(s) issued on his passport. He further submits that pursuant to order dated 04.09.2024 affidavit already furnished to State counsel. Sonia Puri 2024.09.12 10:09 I attest to the accuracy and integrity of this document

CRM-M-39902-2024 -24.

Given above, the petition is allowed and the petitioner is permitted to travel abroad upto 16.03.2025, subject to the condition that he shall abide by his undertaking given in the affidavit and shall report back to Investigator within one week after 16.03.2025. 5.

In case the petitioner does not return on time, it shall be permissible for the State to file application for cancellation of passport. It is further clarified that in case the petitioner violates any of the conditions, then it may be construed against him while granting similar permissions in future.

(ANOOP CHITKARA) JUDGE 06.09.2024 Sonia Puri Whether speaking/reasoned:

Yes Whether reportable:

No.

Sonia Puri 2024.09.12 10:09 I attest to the accuracy and integrity of this document