Jagtar Singh vs State of Punjab and another

Binod Kumar Roy, C.J.

The prayer of the Petitioner to allow him to go abroad in order to meet his son and daughter, who are pursuing their studies in England, who on an earlier occasion was allowed to visit England but could not go and when he repeated his prayer for second time having been rejected by the learned Additional Sessions Judge, Patiala, vide his order date 19.8.2003, has come to this Court for allowing his prayer.

Shri Ranjan Lakhanpal, learned counsel appearing on behalf of the Petitioner, contends that the Petitioner is a Deputy Superintendent of Police, who is now confining his prayer to allow him to visit England to see his children, who are studying in England, for a period of one month only and there being an uncertainty of completion of the trial, it would be in the interest of justice to allow his prayer.

Shri Rajan Gupta, learned Special Public Prosecutor for the CBI, opposes the prayer on the ground that earlier the trial had not commenced, whereas now the trial has started and three prosecution witnesses have also been examined and that the chances are that the Petitioner may not return back, if he is allowed to go abroad. In this context, he also refers to an order passed by the learned Single Judge of this Court reported in Kimiti Lal Jain v. State, 2000(3) R.C.R.(Criminal) 232.

In reply, Shri Lakhanpal takes up a stand that the Petitioner is prepared to give a reasonable security but he is not in a position to furnish two sureties of Rs. 10 lacs each as required in Jain''s case and the security amount fixed by this Court will be furnished by him which may be directed to stand forfeited if he does not return back and attend the trial within one month from the day he leaves the country.

Having appreciated the entire facts and circumstances of the case and taking into account the earlier orders passed by the learned Additional Sessions Judge, Patiala and in Jain''s case and heard learned counsel for the parties, in the interest of justice, I dispose of this petition on following peremptory terms and conditions ;

(i) The Petitioner is directed to furnish two securities of Rs. 5 lacs each (a) of Rs. 5 lacs in cash and (b) remaining Rs. 5 lacs of immovable property before the learned Additional Sessions Judge, Patiala within one week from today;

(ii) He is also directed to file an affidavit giving an undertaking that if he does not come back from England within one month from the date he leaves the country, which he is required to leave within one week from the date he furnishes the aforesaid securities and his affidavit the securities shall stand forfeited;

(iii) He is also directed to intimate the Indian Embassy in regard to his visit to England, his arrival, the plan of his other visits and his departure from England to our country with complete address.

Since the Petitioner cannot go to England without the Passport which has been seized by the CBI and is reportedly lying in the office of the learned Additional Sessions Judge, Patiala, I direct its handing over to him, to be refiled before the Court concerned within three days of his return to India.

Let a copy of this order be sent to the learned Sessions Judge, Patiala and be given to Shri Rajan Gupta, learned Special Public Prosecutor of the CBI, by tomorrow.