Punjab-Haryana High Court
Ajay Vir Sehgal vs Central Bureau Of Investigation on 3 September, 2009
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-24669 of 2009
Date of Decision:- 03.09.2009
Ajay Vir Sehgal ....Petitioner(s)
vs.
Central Bureau of Investigation ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Mr.Puneet Bali, Advocate,
for the petitioner.
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AUGUSTINE GEORGE MASIH, J.
Counsel for the petitioner states that the conditions which have been imposed by the learned Lower Appellate Court vide order dated 16.4.2009 while suspending his sentence in appeal did not include the surrender of the passport as a condition precedent or a ground for suspension of his sentence. Vide order dated 16.4.2009, what was required by the Court was that the petitioner had to furnish a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court within a period of ten days from the date of the order. These conditions have been duly fulfilled by the petitioner and accordingly his sentence was suspended. Counsel on this basis submits that liberty may be granted to the petitioner to move an application before the Lower Appellate Court depicting therein that the surrender of the passport was not a pre- condition for suspension of sentence before it and, therefore, his passport be released, subject to whatever conditions the Lower Appellate Court would like to impose.
Crl.Misc.No.M-24669 of 2009 -2-
The present petition is disposed of with the observation that if such an application is moved by the petitioner, the same may be considered expeditiously taking into consideration the conditions which have been imposed by the Lower Appellate Court for suspension of sentence and pass appropriate orders in accordance with law.
September 03, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE