Gurnam Singh vs State of U.T. Chandigarh

Satish Kumar Mittal, J.—The applicant-appellant No. 1 has filed this application u/s 482 Cr.P.C. seeking permission to go abroad to meet his son and family members.

In this case, the applicant-appellant No. 1 has been convicted by Addl. Sessions Judge, Chandigarh, u/s 325 IPC and sentenced to undergo rigorous imprisonment for a period of three years.

Vide order dated December 15, 2004 passed by this Court, the appeal filed by the appellants has been admitted and they have been ordered to be continued on bail and the sentence imposed upon them by the trial Court has been suspended till the disposal of the appeal subject to their furnishing fresh bail bonds to the satisfaction of CJM, Chandigarh.

I have heard the counsel for the parties and gone through the record of the case.

In the application, the applicant-appellant No. 1 has stated that his son Rajinder Singh Sidhu, who is a resident of Canada, has since been blessed with a female child, therefore, the applicant wishes to go to Canada to meet his son and family members. It has been further stated that for this purpose, his son has sponsored the name of the applicant for visiting Canada. This is 2004 appeal and the same is not likely to be heard soon.

Counsel for the applicant states that the applicant-appellant No. 1 also undertakes that he shall return to India within two months and abide by the conditions to be imposed by this Court.

After hearing the counsel for the parties and keeping in view the facts and circumstances of the case, the application is allowed and the applicant- appellant No. 1 is permitted to go to Canada subject to his furnishing a surety of Rs. three lacs with an undertaking that he will return to India on or before November 30, 2006.