Gurpreet Singh v. State of H.P

The Hon(cid:146)ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sumeet Raj Sharma, Advocate. For the Respondent : Mr. A.K. Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). This is a petition under Section 482 Cr.P.C. for setting- aside the order dated 3.6.2009 passed by learned Addl. Sessions Judge, Fast Track Court, Chamba in Cr. Misc. Application No. 11 of 2009, whereby the application of the petitioner for permission to leave India and visit America and for releasing the pass-port of petitioner has been dismissed.

The petitioner was arrested in FIR No. 10 registered on

10.1.2009 at Police Station, Dalhousie, under Sections 279, 336, 427 IPC and Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was released on bail by the learned Special Whether the reporters of the local papers may be allowed to see the Judgment? (cid:133)2(cid:133) Judge, Fast Track Court, Chamba on 21.1.2009 in FIR No. 10 of 2009 on the following conditions:- (i) The bail petitioner shall surrender his passport, if any, in the court at the time of furnishing bail bonds in the court; (ii) He shall not the country without prior permission of the court; (iii) He shall join investigation as and when required by the police; (iv) He shall appear in the court on each and every date of hearing; (v) He shall not tamper with the prosecution evidence in any manner whatsoever.

The petitioner the application before learned Special Judge, Fast Track Court, Chamba for granting permission to petitioner for leaving India and to visit America and for releasing his passport, which was taken into possession in pursuance to bail orders. The learned Addl. Sessions Judge, Fast Track Court had dismissed the application on 3.6.2009. The learned counsel for the petitioner has submitted that order dated 3.6.2009 is wrong and illegal. The petitioner is facing difficulty in absence of his passport, inasmuch as, he can not go to America and his further study in America is likely to be affected in case he will remain in India. The petitioner has acquired permanent resident status in America and therefore, a prayer has been made for releasing the passport of the petitioner so that he may visit America.

The learned Special Judge, Fast Track Court, Chamba ordered the release of the petitioner on 21.1.2009 on the conditions (cid:133)3(cid:133) referred above. One of the conditions was that petitioner shall surrender his passport, if any, in the court at the time of furnishing bail bonds in the court. The petitioner has taken the benefit of bail order, rather he has accepted the bail order dated 21.1.2009. The bail order dated 21.1.2009 has not been assailed by the petitioner. The petitioner is an accused. The learned Special Judge has observed in the impugned order that address given by petitioner in India is not correct. It will be very difficult to secure the presence of petitioner in the trial once he is permitted to go outside India. There is no error of jurisdiction in the impugned order. In these circumstances, no order can be made for releasing the passport of the petitioner. There is no merit in the petition and accordingly it is dismissed. December 3, 2009. (Hem) ( Kuldip Singh ), Judge.