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Gurmeet Singh And Anr vs State Of Punjab And Anr on 7 January, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-47372 of 2018
Date of Decision: 07.01.2019

Gurmeet Singh another
…Petitioner(s)
Versus
State of Punjab another
…Respondent(s)

CORAM:- HON’BLE MR. JUSTICE HARI PAL VERMA

Present:- Mr. Vivek K. Thakur, Advocate
for the petitioners.

Mr. Rana Harjasdeep Singh, DAG, Punjab.
*****

HARI PAL VERMA, J. (Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of order dated 20.07.2018 (Annexure P-8) whereby the

application filed by the petitioner, seeking permission to go abroad, has

been declined in case/FIR no.75 dated 08.07.2010 under Section 306,

498A, 406 and 506 IPC registered at Police Station Bholath, District

Kapurthala.

The aforesaid FIR was registered at the behest of Joginder

Kaur, mother of the deceased Rupinderjit Kaur. The marriage of

Rupinderjit Kaur was solemnized with Harjinder Singh son of Mukhtiar

Singh, resident of Village Begowal in the year 1998 and out of this

wedlock, one daughter Kajal was born. The petitioner no.2 is married

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sister-in-law of deceased Rupinderjit Kaur whereas petitioner no.1 is

husband of petitioner no.2.

Learned counsel for the petitioners has argued that the

aforesaid FIR was registered after about 12 years of the marriage of the

deceased. The deceased was living separately since the year 2004 and has

died on account of acute renal failure and septicemia. He has referred to

order dated 22.09.2010 passed by this Court in CRM-M-22033-2010

Gurmit Singh Ors. Vs. State of Punjab, whereby while considering the

case of the petitioner for anticipatory bail, the aforesaid fact of cause of

death of the deceased was taken note of. He further submits that the

daughter of the petitioners is living in USA and the petitioners are required

to visit her. Even otherwise, the matter has already been investigated by

the police and cancellation report has also been prepared.

Learned State counsel, on instructions from ASI Baljinder

Singh, does not dispute the fact that the police has prepared the

cancellation report and has filed the same before the trial Court on

04.09.2017, however, the same was not accepted. Rather, the accused were

summoned for commission of offence under Section 498A IPC.

I have heard learned counsel for the parties.

In view of the averments made in this petition and the stand

taken by the State, this Court finds that the petitioners deserve to be

permitted to go abroad, as an interim relief, however, subject to certain

conditions.

Accordingly, the present petition is allowed, the impugned

order dated 20.07.2018 (Annexure P-8) is set aside and the petitioners are

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permitted to go abroad (USA) for a period of two months only, however,

subject to the following conditions:-

1. That that petitioners shall not visit any other country
except USA without the permission of the Court;

2. That the petitioners shall not seek extension of their stay
abroad on any ground whatsoever, except for medical
emergency;

3. That the petitioners shall not indulge in any anti-social
and anti-national activities;

4. That on return, the petitioners shall re-submit their
passports within one week from the date of their return
from abroad;

5. That the petitioners shall place on record photocopies of
their passports duly attested under their signatures after
getting the same renewed;

6. That the petitioners shall furnish personal bonds in the
total sum of Rs.10,00,000/- (Rupees Ten lacs) with
undertaking to abide by the aforesaid terms and
conditions along with submission of bank guarantees in
that amount.

The petitioners are permitted to get their passports renewed

enabling them to go abroad. However, after their return to India, they shall

surrender their passports before the trial Court.

January 07, 2018 ( HARI PAL VERMA )
AK JUDGE

Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No`

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