Jagjit Singh Mann vs State of Punjab

Jaswant Singh, J. 1. Petitioner is father of Dr. Hardev Singh, who got married to Mandeep Kaur on 26.12.2004 and their marriage is stated to have been annulled by a decree of divorce on 30.9.2009 by a Court in England. It is submitted that the Petitioner, his son and erstwhile daughter-in-law are all residents of England. The present FIR No. 70 dated 8.5.2007 under Sections 420, 494, 498-A, 465,471,120-B IPC, PS Islamabad, Distt. Amritsar has been lodged by NS Bhullar, father of aforesaid Mandeep Kaur.

Learned Counsel submits that in the Criminal Miscellaneous No. M 11428 of 2010 filed by the Petitioner seeking quashing of the aforesaid FIR, notice of motion was issued and the same is now fixed for 7.12.2010 and further proceedings have been stayed. It is further Crl.M. No. M-29030/2010(O&M) 2 submitted that vide Annexure P-4 a compromise deed in a Court in England has been drawn up between the son of the Petitioner and his erstwhile wife Mandeep Kaur.

Prayer made in this petition is for grant of permission to Petitioner to go abroad for a further period of four months to meet his aged and ailing wife, who, as per Annexure P5 has undergone spinal surgery on 30.6.2010 and needs additional help due to her poor mobility.

Notice of motion was issued.

It is submitted by the learned Counsel that earlier also the Petitioner was granted permission to visit England and he never misused the said concession as he had returned back to face the proceedings pending against him.

This fact, on instructions from SI Kuldip Singh, is not disputed by the learned State counsel.

After hearing the learned Counsel for the parties and keeping in view the facts and circumstances of case, I deem it appropriate to accept the prayer made on behalf of the Petitioner to visit his ailing wife for a period of four months, subject to the following conditions:

1 That the Petitioner shall furnish personal bond with two sureties of the equivalent amount subject to the satisfaction of the Court concerned.

2 He will return to India within a period of four months Crl.M. No. M-29030/2010(O&M) 3 from the commencement of his journey to abroad.

3 He will deposit a sum of Rs. 20 lacs in the shape of fixed deposit with the undertaking that in case of breach of any condition on his part, the amount shall be paid to the daughter of the complainant namely Mandeep Kaur or to the complainant himself in case he is authorised to do so by his daughter, who is stated to be residing abroad.

4 He will deposit the original papers of his properties in Punjab with the Court below with the undertaking that there shall be a lien of Government over all his properties and in case he failed to return to India within the stipulated period, the Government shall be at liberty to take over the charge of his properties.