Virender Singh, J.@mdashHarpreet Kaur - the petitioner herein and her parents, are booked in a case FIR No.4 dated 21.4.2004 under Sections 406/420/494/495 IPC registered at Police Station Khui Khera.
2. The petitioner was granted regular bail by the trial Court to its satisfaction. During the investigation of the case, her passport was also taken into custody. The said passport No. is E 518721, which is otherwise valid up to 2009.
3. The petitioner moved an application before the trial Court seeking permission to go to Canada. The same has been declined vide impugned order Annexure P-5 passed by learned Sub Divisional Judicial Magistrate, Fazilka on 13.7.2004. Hence this petition.
4. Pursuant to notice of motion, Mr.Sandeep Jain. AAG Punjab, has put in appearance on behalf of the State.
5. On the last date of hearing, Mr.B.S.Sidhu, Advocate, appeared for the complainant and made a request that he wanted to place certain relevant documents on the file. The present petition was adjourned for today. Mr.Sidhu has, however, filed a reply annexing certain documents. The same is one the file.
6. I have heard learned counsel for both the sides. Available record has also been perused by me.
7. Mr.Ghai learned Senior Counsel appearing for the petitioner contends that the present petitioner had, in fact, married to one Baljinder Singh in India on 16.5.1999. Baljinder Singh is resident of Canada. After the marriage, the petitioner flew to Canada and started staying with her husband. On 5.10.2003, the petitioner was blessed with a son in Canada. The petitioner and her husband could not pull on properly and, thus, in February, 2004, Baljinder Singh moved an application before the Immigration Authorities, Canada leveling certain allegations against the present petitioner including that she was already married to one Balbir Singh of India. The petitioner appeared before the concerned authority on 10.2.2004 and while contesting the case made a request that she would furnish the affidavit of her parents before the Immigration Authorities to rebut the allegations levelled against her. Consequently, Immigration Authorities gave her three months time to submit the requisite papers before it. She consequently came to India, completed the formalities and when she was planning to fly back to Canada for which she had even got the ticket booked, she was arrested in the present case which is lodged by the real brother of Baljinder Singh.
8. Mr.Ghai, then contends that all the requisite papers are complete in all respects and the petitioner wants to submit those papers before the concerned authorities. He further contends that as of today, the stipulated period has already elapsed and time is running against the petitioner for which she will have to ask for extension after reaching Canada. Further contends that besides submitting the requisite papers before the Immigration Authorities, she has also to get passport of her son renewed and the same cannot be done if she does not appear before the authorities concerned and complete certain required formalities for which her presence is necessary as her husband has disowned his son. He relies upon Annexure P-1 in this regard. On these ground, Mr.Ghai states that the petitioner wants permissions to fly to Canada for a limited period, may be for three months. Learned counsel very fairly states at the bar that for that the petitioner is even ready to furnish any surety/security to the satisfaction of the Court. He then contends that the petitioner is even ready to the extend of leaving her son of the age of 10 months with her parents in India.
9. Opposing the application, learned State Counsel vehemently contends vehemently contends that there is no infirmity in the impugned order Annexure P-5 vide which the prayer sought by the petitioner is declined and as such, the present petition also deserves dismissal.
10. Picking up the thread, Mr.Sidhu, learned counsel for the complainant contends that the present petitioner, if, was so keen to complete formalities before the Immigration Authorities at Canada, she could have sent all the required papers through the Embassy but the same has not been done. He then contends that the petitioners in fact before getting married to Baljinder Singh was already married to another person of America and she also got married to Balbir Singh and, she in fact, is in the habit of cheating. Her intentions are not clear and as such, she does not deserve the relief sought for in the present petition.
11. I do not intend to indulge into the controversy highlighted by both the sides at this stage but considering the entire facts of the present case, the petition deserves to be allowed to the extent that the petitioner should be granted permission to fly to Canada for at least three months. It is so ordered. But this permission would be subject to her furnishing two heavy sureties. The petitioner shall be submitting two surety bonds to the extent of 2 lacs each before the trial Court. The other conditions may also be imposed by the trial Court. Sureties to be furnished by the petitioner will be from her close relations. Needful be done within 7 days from the date of receipt of a certified copy of this order. After acceptance of the required surety bonds, the trial Court would at once release the passport to the petitioner enabling her to go to Canada. The next date shall also be fixed by the trial Court for the appearance of the petitioner.
List again on November 30, 2004.
