Anil Bhalla v. State Of Punjab

2023:PHHC:139856

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-54313-2023 Date of decision : 02.11.2023 ANIL BHALLA .... Petitioner

Versus

STATE OF PUNJAB

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Dr. Rau P.S. Girwar, Advocate for the petitioner.

Mr. Tarun Aggarwal, Sr. DAG, Punjab.

Mr. Parteek Sodhi, Advocate for the complainant.

PANKAJ JAIN, J. (ORAL) Challenge is to the order dated 13th of September, 2023 passed by JMIC, Mohali whereby the permission sought by the petitioner to travel abroad while on bail has been declined.

2.

The petitioner is facing prosecution in FIR No.73 dated 22nd of August, 2020 registered for the offences punishable under Sections 406, 420 IPC registered at Police Station Phase 11, District SAS Nagar (Mohali) and stands admitted to bail. It has been claimed that wife of the petitioner is in family way and owing to medical complications is in USA and her expected date was 30th of October, 2023 + one week. 3.

In the aforesaid background the petitioner prays for permission to travel to the United States to be by side of his wife at this juncture. 4.

The prayer made by the petitioner was being opposed by the Deepak Kumar 2023.11.03 16:50 I attest to the accuracy and integrity of this document

CRM-M-54313-2023 -22023:PHHC:139856 complainant as well as the State on the ground that it is highly improbable that the petitioner shall return to face the prosecution. 5.

On asking of the Court petitioner has offered to deposit an amount of Rs.20.00 lacs with the Trial Court as surety so that the flight risk is minimized.

6.

The aforesaid offer made by the petitioner through his counsel has not been opposed by the counsel for the State as well as complainant and have fairly agreed to the same.

7.

In view of above, the present petition is disposed off in terms of following order :

(a) That the petitioner is allowed to travel to USA for 8 weeks ;

(b) He shall deposit an amount of Rs.20.00 lacs with the Trial Court on or before 4th of November, 2023; and (c) The aforesaid amount shall be refunded back to the petitioner only on his return and presenting himself before the Trial Court within 8 weeks i.e. before 31.12.2023.

8.

Ordered accordingly.

November 02, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2023.11.03 16:50 I attest to the accuracy and integrity of this document