Gurbax Kaur Phangoora v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-57460-2024 (O&M) Date of decision: March 10th, 2025 Gurbax Kaur Phangoora .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Preetinder S. Ahluwalia and Ms. Keerat Dhillon, Advocates for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab, assisted by ASI Taranjeet Singh, Vigilance Jalandhar. MANJARI NEHRU KAUL, J.

(ORAL) Prayer in the instant petition is for setting aside the order dated 06.11.2024 passed by learned Special Judge, Ludhiana, whereby application moved by the petitioner seeking permission to travel to Canada has been dismissed, in FIR No.1 dated 10.02.2017 under Sections 409 420 467 468 471 201 and 120-B of the IPC and Section 13(1)(d) and 13(2) of The Prevention of Corruption Act, 1988, registered at Police Station Economic Offences Wing, Vigilance Bureau, District Ludhiana.

2.

Affidavit of Senior Superintendent of Police-cum-Member SIT, Vigilance Bureau, Jalandhar Range, Jalandhar, has been filed in Court, which is taken on record.

3.

In compliance of order dated 28.02.2025, learned State counsel, on verification, has submitted that the following properties are indeed in the name of the petitioner:

PUNEET SACHDEVA 2025.03.10 16:13 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-57460-2024 (O&M) \ -21.

56 kanals 18 marlas, in Village Khanpur/239 Tehsil and District Hoshiarpur.

2.

18 kanals 12 marlas 7 sarsai, in Village Dheha Ram Nagar. 3.

4 kanals 3 marlas, in Village Khawaspur Tehsil and District Hoshiarpur.

4.

Learned counsel for the petitioner undertakes that the petitioner would return to India on or before 11.06.2025; she may be put to any stringent conditions including forfeiture of the properties to the State (which are detailed in paragraph 3 of this order) in case she does not return to India on or before 11.06.2025 as per her undertaking given before this Court.

5.

I have heard learned counsel for the parties and perused the relevant material on record.

6.

In the facts and circumstances as enumerated hereinabove, the instant petition is allowed and the order dated 06.11.2024 is set aside. The petitioner is granted permission to travel to Canada from 11.03.2025 to 11.06.2025 subject to the following conditions:- (i) The petitioner shall furnish a personal bond in the sum of `30,00,000/- (Thirty Lakh Rupees Only), before the Trial Court.

(ii) The petitioner shall also furnish an affidavit stating therein her complete itinerary including the address where she would be staying in Canada along with her contact number during her stay there, to the learned trial Court.

7.

The petitioner shall return to India positively on or before 11.06.2025. It is clarified that in case the petitioner does not abide by the undertaking given in the Court today and does not return on or before 11.06.2025, the properties of the petitioner, detailed in paragraph 3 of this order, shall stand forfeited to the State. March 10th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.03.10 16:13 I attest to the accuracy and integrity of this document Chandigarh