Iqbal Kaur Spouse vs State And Ors

Heard learned counsel for the parties and perused the material available on record.

The petitioner is facing trial in Criminal Original Case No.239/2018 pending in the Court of Additional Chief Judicial Magistrate, Sangaria for the offences under Sections 498-A, 406, 323, 420, 495 and 120-B IPC. She claims to be resident of United Kingdom since long and has also stated that she is drawing pension under some scheme of the British Government. She was granted anticipatory bail in the case at hand with a condition that she shall deposit her passport with the trial court and in compliance of that direction, the passport of the petitioner has been deposited with the trial court. She filed an application under Section 451 CrPC before the trial court praying for return of the passport because in absence thereof, she has been prevented from proceeding to United Kingdom to claim her old age pension etc. and thus, is deprived of her only means of livelihood at the old age of 68 years. The said application was rejected by the trial court by the order dated 08.05.2019 and the revision preferred against the said order has been dismissed by the revisional court vide order dated 03.06.2019. Both these orders are assailed in this miscellaneous petition.

After having heard and considered the submissions advanced by the learned counsel for the parties and after going through the impugned orders, I am of the firm opinion that no useful purpose would be served by retaining the passport of the petitioner in the trial court. The petitioner's appearance before the trial court for facing the proceedings can be ensured by asking her to furnish heavy bonds in lieu of release of the passport, but denial thereof would mean that the petitioner is deprived of her right to claim pension in the country, where she is residing since long and indirectly amounts to deprivation of a source of livelihood.

Thus, the miscellaneous petition deserves to be and is hereby allowed. The impugned orders are set aside. The trial court shall return the passport of the petitioner to her, subject to the condition that the petitioner shall furnish a personal bond in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each to the satisfaction of the trial court in lieu of the return of passport and shall also furnish an undertaking that she shall instruct her lawyer to plead her case before the trial court on each date of hearing and that she shall return and attend the proceedings before the trial court when her statement under Section 313 CrPC is to be recorded and when the case is at the stage of final decision.