Punjab-Haryana High Court
Darshan Singh vs Harvinder Singh And Another on 1 April, 2014
Criminal Misc. No.M-41070 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-41070 of 2013
DATE OF DECISION : April 01, 2014
Darshan Singh ...Petitioner
Versus
Harvinder Singh and another. ...Respondents
CORAM: HON'BLE MR.JUSTICE M.JEYAPAUL
Present : Mr. J.B.S. Gill, Advocate for the petitioner.
Mr. N.K. Chopra, DAG, Punjab.
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M.JEYAPAUL, J.
1. Heard the submissions made by learned counsel appearing for the petitioner.
2. The petitioner has challenged the order passed by the learned Additional Chief Judicial Magistrate, Hoshiarpur refusing to release his passport enabling him to go abroad for medical treatment on the ground that earlier he was declared as an absconder. The petitioner faces trial under Sections 447, 506 and 440 of the Indian Penal Code. Of course, the petitioner was in Canada and as a result of which he could not appear before the trial court which resulted in Singh Parvinder 2014.04.02 16:21 I attest to the accuracy and integrity of this document Criminal Misc. No.M-41070 of 2013 2 declaring that he was an absconder. The petitioner is 85 years old man with acute medical problems. He has, after all, proposed to visit Canada for the purpose of medical treatment.
3. In spite of the notice issued to the private respondent, no one has appeared for the private respondent.
4. Therefore, the impugned order passed by the learned Additional Chief Judicial Magistrate, Hoshiarpur is set aside and the learned Additional Chief Judicial Magistrate, Hoshiarpur is directed to release the passport enabling the petitioner to go abroad and return to India to face trial, within three months on execution of bond with sufficient sureties to his satisfaction.
5. The petition is allowed accordingly.
(M. JEYAPAUL) JUDGE April 01, 2014 p.singh Singh Parvinder 2014.04.02 16:21 I attest to the accuracy and integrity of this document