Allowed

Kapila Sherawat v. State of Haryana and Anr.

Punjab & Haryana HC14 Dec 2023CRM-M/62706/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted permission to the petitioner, Kapila Sherawat, to travel to USA to care for her niece's child in an FIR pending against her. Permission was allowed subject to stringent conditions regarding location sharing, return date, and legal representation.

What did the court decide?

Permission to travel to USA granted subject to sharing address/IMEI/GPS, returning by 15.03.2024, and appearance of counsel in trial court without adjournment.

Kapila Sherawat Vs State of Haryana and Anr. — Bail and Remand | Punjab & Haryana HC (2023)

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2023:PHHC:160389

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CRM-M-62706-2023 (O&M)

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108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-62706-2023 (O&M) Decided on: 14.12.2023

Kapila Sherawat

...Petitioner

Versus

State of Haryana and another

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…Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Sandeep Punchhi, Advocate for the petitioner.

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Ms. Swati Batra, DAG, Punjab (Through VC).

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Station	Sections
323	13.04.2017	Sadar Hissar	13-D of PC Act and 120B,
			166, 175, 177, 406, 420, 218,
			477,477A & 34 IPC

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CRM-52482-2023

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Allowed, as prayed for.

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Main case

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Seeking permission to travel abroad, for taking care the baby of her niece, the petitioner has come up before this Court under Section 482 CrPC, due to the reason that the above captioned FIR is pending against him.

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Petitioner’s counsel submits that niece of the petitioner required her help at her difficult time and it would be inhuman for her in case, this Court does not permit her to travel abroad.

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Counsel for the State submits that if this Court inclined to grant permission to the petitioner to go abroad, then the same must be subject to some stringent conditions.

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4. Given above, the petition is allowed subject to the following conditions:-

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(i) The petitioner shall share the addresses where she would stay in USA and e-mail ID. Further, the petitioner will activate international

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ANJU RANI 2023.12.14 16:22 I attest to the accuracy and integrity of this document

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CRM-M-62706-2023 (O&M)

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2023:PHHC:160389

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roaming pack (valid till the date of her return) on phone number on which she would use whatsapp.

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(ii) The petitioner shall keep the GPS location ON of her phone and shall also share IMEI number of the phone. The petitioner shall share other information with the State counsel before this Court. On receipt of such information learned counsel for the State shall pass on the same to the investigator.

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(iii) The petitioner shall return from USA on or before 15.03.2024.

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(iv) Counsel for the petitioner shall appear before the trial Court on her behalf and shall not seek any adjournment during this period.

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It is clarified that in case the petitioner violates any of the conditions, then it may construed against her while granting similar permissions in future and it shall be permissible for the State to file application for cancellation of passport.

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Pending applications, if any, stand disposed of.

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(ANOOP CHITKARA) JUDGE

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14.12.2023 anju rani

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Whether speaking/reasoned: Yes Whether reportable: No.

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ANJU RANI 2023.12.14 16:22 I attest to the accuracy and integrity of this document

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Kapila Sherawat v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Kapila Sherawat v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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