This appeal under Section 482 CrPC sought permission to travel abroad. The Court held the petition not maintainable as it would review the impugned bail order restricting travel, which was still in force.
Permission to go abroad denied; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-25798 of 2009 (O&M)
DATE OF DECISION: 14.09.2009 ****
Jitender Bachan Singh Grewal . . . . Petitioner
VS.
State of Punjab . . . . Respondent
CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.O.P., Hoshiarpuri, Advocate for the petitioner.
RAKESH KUMAR JAIN J.(ORAL)
This is a petition under Section 482 of Code of Criminal Procedure, 1973 seeking permission to go abroad in FIR No.60 dated 13.2.1999 registered under Sections 406, 420, 465, 467, 468, 421 and 120-B IPC at Police Station Division No.5, Ludhiana.
While deciding Crl. Misc. No.M-19760 of 2001, regular bail filed by the petitioner, this Court had passed the following order:
“Looking to the fact that he has been in custody for about two years and the trial is likely to take some time, he is ordered to be released on bail, which shall be subject to the satisfaction of the learned trial Magistrate. Petitioner is holding Canadian passport, which shall be impounded. He shall not be allowed to leave the country so long as this case remains pending.”
Since the case is pending, therefore, in view of the directions of this Court in Crl. Misc. No.M-19760 of 2001, the present petition is not maintainable as it would tantamount to review the order dated 20.9.2001 passed in the aforesaid case..
Dismissed.
SEPTEMBER 14, 2009 vivek
(RAKESH KUMAR JAIN) JUDGE
2 issues framed by the court
Whether a petition for permission to go abroad is maintainable when prior bail order restricts travel outside India.
Whether the present petition amounts to a review of an earlier order dismissing travel permit claims.
1 provisions across 1 enactments
Jitender Bachan Singh Grewal
State of Punjab
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
