Allowed

Achil Anand v. State of Punjab

Punjab & Haryana HC18 Jan 2011CRM-M/12307/2010

Case brief

AI extract

What is this about?

In Crl. Misc. No. 12307 of 2010, the High Court disposed of a petition seeking temporary release of the petitioner's passport. The Court directed its temporary release for two to three weeks subject to furnishing heavy surety and confirming exclusive property ownership.

What did the court decide?

Temporary release of the petitioner's passport for two to three weeks subject to furnishing heavy surety and confirming exclusive property ownership.

Achil Anand Vs State of Punjab — Constitutional and Fundamental Rights | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-12307 of 2010 (O&M) Date of Decision:18 .01.2011

Achil Anand

.....Petitioner

Vs.

State of Punjab

.....Respondent

CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY

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Present:Mr. Vinod Chaudhri, Advocate for the petitioner.

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Mr. Gaurav Garg Dhuriwala, AAG, Punjab.

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DAYA CHAUDHARY, J.(Oral)

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Crl. Misc. No.2638 of 2011

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This is an application for placing on record letters dated 22.12.2010 and 18.10.2010.

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Application is allowed. Aforesaid letters are taken on record.

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Crl. Misc. No.12307 of 2010

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The present petition has been filed for release of passport bearing No.E.2288332 and for quashing of impugned order dated 25.1.2010 in Complaint No.5 of 17.11.1998 as the application for permanent release of passport has been dismissed.

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Learned counsel for the petitioner submits that at present the petitioner does not want to press this petition with regard to permanent release of passport but only requests that the passport may be released for a period of two to three weeks as all the children of the petitioner are residing in abroad and there may be any other emergency also. Learned counsel for

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-2-

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Crl. Misc. No. M-12307 of 2010 (O&M)

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the petitioner further contends that every time the petitioner has to wait for months together for release of the passport. Moreover he is owner of immovable property in the form of house at Kapurthala and is also having share in the Rice Mill at Kapurthala and the passport may be released on furnishing surety or on other terms and conditions to be imposed by the trial Court.

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Learned counsel for the State submits that passport cannot be released permanently as the petitioner may not attend Court proceedings in case the passport is released permanently and whenever any application is moved, passport can be released for that purpose subject to furnishing surety to the satisfaction of the trial Court.

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In view of the submissions made by learned counsel for the parties, the present petition is disposed of with a direction that passport of the petitioner be released temporarily imposing certain terms and conditions within a period of one month from the date of moving an application subject to furnishing heavy surety to the satisfaction of the trial Court and confirmation with regard to exclusive ownership of the property as stated by the petitioner.

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January 18, 2011 ( DAYA CHAUDHARY ) renu JUDGE

Achil Anand v. State of Punjab

Case brief

What is this about?

What did the court decide?

Achil Anand v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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